27 Mar 2012
EVER BRIGHT (H.K.) CONSTRUCTION ENGINEERING LTD v. KOSASIH MUANTO
- Citation
- EVER BRIGHT (H.K.) CONSTRUCTION ENGINEERING LTD v. KOSASIH MUANTO
- Court
- District Court
- Case number
- DCCJ1402/2010
The vendor breached obligations to deliver and perfect title and the property's title was wholly bad at all relevant times; a vendor cannot rely on the purchaser's failure to raise requisitions to force a wholly bad title on the purchaser; accordingly the vendor had no right to retain the Deposit and the plaintiff succeeded on liability for damages; however specific performance was refused because the plaintiff did not come with clean hands given his conduct and mistakes.