13 Jul 2007
KO CHING CHUNG v. FULLTIN INVESTMENT LTD
- Citation
- KO CHING CHUNG v. FULLTIN INVESTMENT LTD
- Court
- Court of Appeal
- Case number
- CACV337/2006
The Court upheld the trial judge's factual findings that the defendant's managing director made factual assurances that the premises were fit for a restaurant and that a licence could be obtained; those assurances were intended to induce the plaintiff to sign the provisional tenancy and amounted to a warranty. A qualified surveyor's report showing structural non‑compliance with the Building (Construction) Regulations rendered the representations false, entitling the plaintiff to recover the deposit and requiring dismissal of the defendant's counterclaim.