1 Mar 2012
GATEWAY INTERNATIONAL DEVELOPMENT LTD v. HOLYROOD LTD
- Citation
- GATEWAY INTERNATIONAL DEVELOPMENT LTD v. HOLYROOD LTD
- Court
- Court of First Instance
- Case number
- HCA1159/2007
The court found the defendant liable: the Certificate of Compliance under Clause 4(7) did not negate the developer's express and implied contractual obligations (including an implied term that units be fit for luxurious residential use), the extensive post-conveyance works were outstanding contracted works (not mere upgrades) that created a continuing construction site amounting to actionable nuisance and breach of SPA and DMC; plaintiffs awarded damages for loss of rental, rectification costs, interest and indemnity costs.