10 Dec 2001
GREEN PARK PROPERTIES LTD. v. DORKU LTD.
- Citation
- GREEN PARK PROPERTIES LTD. v. DORKU LTD.
- Court
- Court of Final Appeal
- Case number
- FACV9/2001
The agreement, read with the annexed tenancy agreement and the plan shown to the purchasers, made the yard part of the subject-matter sold; the vendors could not on completion convey that interest and thus had a defective title. The purchasers were induced and entitled to rescind; the exclusion clause did not save the vendors under the statutory reasonableness test in s.4 Misrepresentation Ordinance read with s.3(1) Control of Exemption Clauses Ordinance. Accordingly the appeal was dismissed.