Read the full judgment text of HCCT83/1999 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 19 February 2001 before Hon Burrell J.
Construction Law — Contract Dispute — Misrepresentation — Clause 28(1) breach — Implied terms — Residential property purchase — Spiral staircase design — Building Ordinance and British Standards — Fitness for residential use — Rescission claim dismissed — Costs awarded to defendants. The plaintiffs purchased a top floor flat in Deer Hill Villas which included a spiral staircase to the roof. They alleged misrepresentation by the developer based on promotional materials, breach of contractual clause 28(1) regarding defects, and breach of implied terms that the property would be fit for residential use. The court found promotional statements were mere sales puff; the staircase design, despite not complying with four aspects of the British Standards, was approved by the Buildings Department and fit for use; clause 28(1) did not cover design defects but workmanship; implied terms inconsistent with the express agreement were not incorporated. The claims for rescission and discharge failed, and the plaintiffs were ordered to pay defendants' costs.
Legal issues: Misrepresentation · Breach of Clause 28(1) of the Agreement · Implied Terms of Skill, Standard and Fitness for Residential Use
Outcome: Plaintiffs' claims dismissed; plaintiffs to pay defendants' costs