14 Jan 2000
SUPER KEEN INVESTMENTS LTD. v. GLOBAL TIME INVESTMENTS LTD.
- Citation
- SUPER KEEN INVESTMENTS LTD. v. GLOBAL TIME INVESTMENTS LTD.
- Court
- Court of Appeal
- Case number
- CACV346/1998
The Court held that the architect's purported extension was not the "usual architect's extension" contemplated by the sale agreement because he had not performed the ongoing duties required to enable an informed, balanced exercise of the extension power; that failure made the developer in breach of the first agreement, thereby entitling the Third Party (and derivative parties) to rescind; and that the Defendant had not lost its right to rescind because it lacked knowledge of the factual basis for rescission prior to giving notice. Therefore both appeals were dismissed and the trial judge's or…