9 May 2001
LINK HARVEST LTD. AND ANOTHER v. WAYHANG DEVELOPMENT LTD.
- Citation
- LINK HARVEST LTD. AND ANOTHER v. WAYHANG DEVELOPMENT LTD.
- Court
- Court of First Instance
- Case number
- HCA13971/1997
Court held vendor established good title to the 1st Property: historical assignments, long lapse of time and Government conduct gave rise to realistic inference of compliance or waiver of building covenant and alienation restriction so risk of forfeiture was fanciful; vendor failed to discharge burden for the 2nd Property because absence of occupation permit and unresolved potential Building Authority enforcement created a real risk to title; because completion obligations were interdependent purchasers were justified to refuse completion of both agreements and were entitled to refund of depo…