15 Mar 2023
VEMBER LORD LTD v. THE SWATCH GROUP (HONG KONG) LTD
- Citation
- [2023] HKCA 371
- Court
- Court of Appeal
- Case number
- CACV83/2022
The abatement clause was not engaged because the extraordinary circumstances did not affect the physical occupation or access of the specific premises; the clause is directed at events impinging on occupation/inaccessibility and not general business interruption. There was no frustration of the leases because performance was not made radically different—tenants continued to be able to occupy and trade—and no shared common contemplation or mandatory closure that would frustrate purpose. Summary judgment for the landlord was properly granted.