22 Oct 2020
MULTI ELITE LTD v. LI YAN PING AND ANOTHER
- Citation
- [2020] HKCFI 2689
- Court
- Court of First Instance
- Case number
- HCA1486/2014
On the facts the waiver clause in the Shop 4 appendix was drafted in clear, ordinary language and, taken with the factual matrix, fairly alerted a reasonable purchaser to the risk of unauthorised alterations/UBWs; the purchaser knowingly accepted that risk by signing the PASP and appendix. Defendant 1 had no actual knowledge of the alleged UBWs; even if knowledge were alleged the operative issue is construction of the waiver. Purchaser was therefore precluded from refusing completion on the basis of the alleged UBWs and repudiated the PASP; defendant 1 validly forfeited the deposits. Defendan…