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Discovery Bay investor sues after losing sea view from her HK$17 million flat

A Discovery Bay flat owner has demanded compensation from a developer after she lost her sea view, the Court of First Instance heard yesterday.

JULIE CHU
A Discovery Bay flat owner has demanded compensation from a developer after she lost her sea view, the Court of First Instance heard yesterday.

Yang Dandan claimed developer Hong Kong Resort Company misled her into believing she would have a "continuous" view of Victoria Harbour when she bought the duplex apartment at The Chianti, a luxury residential complex, in 2007.

Misleading claims were made in the apartment brochure and by the sales representative, the court was told.

Her sea view was later blocked by another residential development, The Amalfi, in 2011.

Yang's barrister Albert Yau said: "Had she not been induced to purchase the property, she would have looked for other properties with comparable scenic views and surroundings like Chianti. She has been deprived of that opportunity to get what she set out to purchase."

The court heard that Yang, a Canadian-Chinese mother-of-two, spent HK$17.2 million on the 1,667 sq ft flat as an investment. Yau said the brochure had indicated that the vacant site next to The Chianti would be used for a "garden house residential development" and a "mid-rise residential development".

Those descriptions, he said, led Yang to believe residents of the upper floors at The Chianti would be able to enjoy sea views without being affected by the future development. However, the new development was the same height as The Chianti, the court heard.

Yang also alleged the sales representative told her the only new building which would affect the view from the duplex units in The Chianti would be a hotel, Yau told the court

A surveyor valued Yang's flat at HK$19 million in February this year. With a sea view, she claimed it would be worth up to HK$28 million, Yau said.

Benjamin Yu SC, representing Hong Kong Resort Company, claimed there was no "contractual promise" to guarantee Yang the sea view forever.

He added the planned project shown in the brochure was subject to change.

"She enjoyed the sea view for two and a half years before she brought the case to court in 2010," Yu said. He claimed the sea was still visible from a corner of Yang's balcony.

Yang, who lives in Canada, will give evidence before Deputy Judge Kent Yee Kai-siu today.

This article appeared in the South China Morning Post print edition as: Discovery Bay investor sues over loss of sea view
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