23 Oct 1998
REGENT SUMMIT (HONG KONG) LTD. v. SMART BUSINESS (ASIA) LTD.
- Citation
- REGENT SUMMIT (HONG KONG) LTD. v. SMART BUSINESS (ASIA) LTD.
- Court
- Court of Appeal
- Case number
- CACV138/1998
The Court held the judge correctly found there was insufficient evidence that the purchaser's representatives knew the legal consequences of the alterations and therefore no waiver arose from inspection; furthermore the vendor, by answering and engaging with the requisitions and offering to refer the matter/produce its surveyor's report, had waived reliance on the contractual time‑limit; accordingly the purchaser was entitled to rescind the agreement and recover the deposit with interest and costs; appeal dismissed.