30 May 2002
FIRST SHANGHAI ENTERPRISES LTD. v. DAHLIA PROPERTIES PTE LTD.
- Citation
- FIRST SHANGHAI ENTERPRISES LTD. v. DAHLIA PROPERTIES PTE LTD.
- Court
- Court of Appeal
- Case number
- CACV1308/2001
Clause 11 must be construed in context; the phrase 'as soon as practicable within seven (7) working days' in a tight, time‑essence schedule did not entitle the purchaser to treat delivery on 24 October as a breach; purchaser's conduct (delaying perusal, communicating in a manner inconsistent with termination and formally accepting documents) amounted to waiver of termination rights; there was no fundamental defect in title to justify immediate rescission; accordingly the appellant (Dahlia) was entitled to forfeit the deposit and obtain judgment on its counterclaim.