19 Nov 2020
THE CENTER (76) LTD v. VICTORY SERVICED OFFICE (HK) LTD
- Citation
- [2020] HKCFI 2881
- Court
- Court of First Instance
- Case number
- HCA1020/2020
On construction of the Tenancy Agreement and Supplemental Letter there is a single primary rent obligation; the Supplemental Letter suspended (did not create a secondary) obligation so repayment of three months' rent is not a penalty; clause 9.3 effects a deemed (not automatic) reduction and does not permit set-off of rent against deposit; frustration and Act of God defences fail on facts; Plaintiff entitled to summary relief in the form of interim payment for total outstanding sums and continuing monthly interim payments with provision for final judgment on default.