6 Oct 2003
GREAT BILLION ENTERPRISES LTD v. PERFECT COUNT LTD
- Citation
- GREAT BILLION ENTERPRISES LTD v. PERFECT COUNT LTD
- Court
- Court of First Instance
- Case number
- HCA11181/1998
The court held that no implied right to inspect existed because express clauses (21 and 22) precluded it; the canopy and cockloft were not illegal structures and were apparent on cursory inspection; Great Billion waived any right to raise requisitions by failing to comply with Clause 10; Great Billion repudiated the Agreement by failing to complete on 8 April 1998; Perfect Count was entitled to forfeit the deposit and recover damages equal to the contract price less market value, giving credit for forfeited deposit; lis pendens to be vacated and costs awarded to defendant.