25 Feb 2008
STRONG BEAUTY LTD v. GAIN LEGEND INDUSTRIES LTD
- Citation
- STRONG BEAUTY LTD v. GAIN LEGEND INDUSTRIES LTD
- Court
- Court of Appeal
- Case number
- CACV337/2007
The agreement, although subject to disclosed tenancies, did not exclude the general rule entitling a purchaser to vacant possession where a tenancy terminates before completion; clause 9(b) and clause 5(5) of the Second Schedule did not displace that obligation; the vendor breached the contract by failing to inform the purchaser and by not delivering vacant possession of the fifth floor and roof because remaining items substantially interfered with the purchaser's use and occupation. Accordingly the recorder's construction and findings were correct and the appeal was dismissed.