4 Feb 1999
BESTKEY DEVELOPMENT LTD. v. THE INCORPORATED OWNERS OF FINE MANSION AND ANOTHER
- Citation
- BESTKEY DEVELOPMENT LTD. v. THE INCORPORATED OWNERS OF FINE MANSION AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACV255/1998
The court accepted the factual findings that purchasers were genuinely misled by the brochure and on-site use and had relied to their detriment; the continuous 20-year use and forbearance fed proprietary estoppel and promissory estoppel at the purchase stage; there was no evidence purchasers had actual knowledge of the DMC contents to defeat reliance; the 1st defendant could counterclaim in its statutory representative capacity under s.18(2)(g); accordingly the plaintiff's appeal failed and the District Court judgment was affirmed.