25 Nov 2002
LARGE LAND INVESTMENTS LTD. v. CHEUNG SIU KWAI PANSY
- Citation
- LARGE LAND INVESTMENTS LTD. v. CHEUNG SIU KWAI PANSY
- Court
- Court of Appeal
- Case number
- CACV145/2002
The Court allowed the appeal because the Purchaser had not unequivocally elected to affirm the contract and had not waived its right to rescind for defective title; the Vendor had expressly undertaken in the contract (Clause 13) to give good title and could not rely on prior knowledge or the addendum, and by answering the late requisition substantively the Vendor waived reliance on the contractual time bar, entitling the Purchaser to repayment of deposits with interest and a lien.