7 Jun 1985
ELDO TRADING COMPANY LIMITED v. THOROGOOD ESTATE LIMITED AND ANOTHER
- Citation
- ELDO TRADING COMPANY LIMITED v. THOROGOOD ESTATE LIMITED AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA11995/1983
The written sale agreements were complied with as executed; no actionable misrepresentation or material breach entitled the plaintiff to rescind; the court found a collateral promise to allow management/naming but that promise was collateral, not a contractual condition preventing the vendor from serving a valid notice to complete; plaintiff's pleadings did not permit an estoppel defence; consequently defendants' rescission and counterclaim succeeded and judgment was entered for the 1st defendant for HK$137,674,084.