2 Dec 1999
JUMBO KING LTD v. FAITHFUL PROPERTIES LTD AND OTHERS
- Citation
- JUMBO KING LTD v. FAITHFUL PROPERTIES LTD AND OTHERS
- Court
- Court of Final Appeal
- Case number
- FACV7/1999
On the true construction of the DMC and sub-DMC the developer’s undivided shares carried exclusive occupation rights in the disputed utility rooms and roof spaces which could validly be assigned with undivided shares; clauses 18(e) and 19 (and clause 10 time limit) in the sale agreement validly allocated the risk of unauthorised structures to the purchaser absent evidence of vendor’s actual knowledge or concealment; purchaser’s objections were without substance and were time-barred, therefore rescission and refund of the further deposit was not justified and the appeal is dismissed.