23 Nov 2018
GREENS NURSERY & TREE PLANTING DESIGN LTD v. SECRETARY FOR JUSTICE
- Citation
- [2018] HKCFI 2558
- Court
- Court of First Instance
- Case number
- HCA1286/2015
On contractual interpretation of the Tender Notice and Tenancy Agreement in their factual matrix, no warranty or representation was made that the premises would be fit for use as a fee-paying public carpark; the caveat lessee principle and express 'as is' and special conditions (trees preservation, tenant's obligation to fence and obtain approvals) rebut any implied warranty; plaintiff had initial intention but did not show the landlord knew at award; no breach of warranty, no derogation from grant and no breach of covenant for quiet enjoyment; claim dismissed.