13 Jun 2000
GREEN PARK PROPERTIES LTD. v. DORKU LTD.
- Citation
- GREEN PARK PROPERTIES LTD. v. DORKU LTD.
- Court
- Court of First Instance
- Case number
- HCA8564/1998
The court found the vendor (through its principal and agents) made actionable misrepresentations by allowing inspection and by showing a tenancy plan that conveyed the yard was included; the purchaser relied on that representation and it was material. Clause excluding prior representations was ineffective because it failed the statutory reasonableness test under the Misrepresentation Ordinance and Control of Exemption Clauses Ordinance. The plaintiff validly rescinded the Agreement and was entitled to return of the deposit and recovery of wasted conveyancing costs; the defendant's counterclai…