5 Apr 2000
WHALE VIEW INVESTMENT LTD v. KENSLAND REALTY LTD AND OTHERS
- Citation
- WHALE VIEW INVESTMENT LTD v. KENSLAND REALTY LTD AND OTHERS
- Court
- Court of First Instance
- Case number
- HCA9231/1997
There was an implied term that split-cheque/payment directions must be given in reasonable time and Kensland gave such directions in time; the purchaser repudiated by failing to complete and Kensland validly forfeited 10% of the purchase price; the solicitors (Tam Pun) were negligent in failing to exercise reasonable care in preparing and delivering correct documentation causing delay and are liable to reimburse the forfeited deposit; the Bank was not negligent nor vicariously liable because it did not retain Tam Pun as its solicitors.