20 Sept 1999
MODERN SINO LTD. v. ART FAIR CO. LTD.
- Citation
- MODERN SINO LTD. v. ART FAIR CO. LTD.
- Court
- Court of First Instance
- Case number
- HCMP5731/1998
The court held that the existence of substantial unauthorised building works (c.146.784 sq.m.) objectively created a sufficient risk of enforcement by the Building Authority, re-entry under the lease and action under the DMC to render the title objectionable; the Vendor could not rely on Clause 21 because it had not disclosed the unauthorised works; and the Vendor had no good title to Car Parks Nos.1 and 2 because the 1988 purported assignment without transfer of undivided shares could only confer a personal licence, not an interest in land capable of assignment.