26 Jan 2000
LAM MAN FUNG MAMIE v. ACTIVE BENEFIT LTD.
- Citation
- LAM MAN FUNG MAMIE v. ACTIVE BENEFIT LTD.
- Court
- Court of First Instance
- Case number
- HCA11556/1997
The court implied a term that where the vendor covenants to build/complete the development the completed property (including the roof top) must be reasonably fit for habitation; the roof top was unsafe and not fit for normal habitation activities and therefore the defendant breached that implied term; Clause 28 was construed as relating to workmanship/materials not design and Clauses 2,6 and Schedule 3 were covenants for title not quality; plaintiff entitled to damages measured by difference in market value of the unit with and without usable roof top (HK$180,000) plus interest; costs ordered…