29 Dec 2014
CHANNEL GREEN LTD v. HUGE GRAND LTD
- Citation
- CHANNEL GREEN LTD v. HUGE GRAND LTD
- Court
- Court of Appeal
- Case number
- CACV174/2013
Clause 30, read in its natural and ordinary meaning and the factual matrix, precluded the purchaser from raising requisitions or delaying completion on grounds of any unauthorized additions, alterations or illegal structures irrespective of whether the legal basis is the Buildings Ordinance, the Government Lease (SC7/SC8) or the Deed of Mutual Covenant; the plaintiff had sufficient knowledge of the defects; and the 15% deposit was not an unenforceable penalty on the facts, so the defendant was entitled to forfeit the deposit and the appeal was dismissed.