1 Feb 2001
EMPIRE TREND ENTERPRISES LTD. v. DOUBLE MIND CO. LTD.
- Citation
- EMPIRE TREND ENTERPRISES LTD. v. DOUBLE MIND CO. LTD.
- Court
- Court of First Instance
- Case number
- HCMP2425/1998
The defendant failed to satisfactorily answer requisition 17 concerning extensive unauthorised building works which materially affected title and value; there was no valid collateral agreement or waiver in the written contracts to accept the defective title; the defects were substantial (c.17.85% floor area, significant value loss) so substantial performance did not cure the defect; therefore the purchaser was entitled to rescind, recover the deposit with interest, damages for conveyancing costs and agent commission, and a lien was declared on the property.