18 Jan 2005
POON MEE KUEN v. CHAN HOR TONG AND ANOTHER
- Citation
- POON MEE KUEN v. CHAN HOR TONG AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCMP1432/2004
The vendors failed to satisfactorily answer the purchaser's requisitions because they merely asserted the partitions were non‑structural without producing corroborative evidence (eg architect or surveyor reports); there was no evidence the purchaser knew the legal consequences of the physical alterations so no waiver arose; the 'as is' clause did not operate to shift risk of title defects; there was no evidence of acquiescence by the Building Authority. Therefore the purchaser validly rescinded the agreements and is entitled to return of deposits, indemnities, damages, costs, interest and a p…