22 Apr 2020
DA SHING GROUP LTD v. RICH PROMISE LTD
- Citation
- [2020] HKCFI 588
- Court
- Court of First Instance
- Case number
- HCA1065/2016
The MOU was a negotiated compromise; there is no express term making the HK$30,000,000 non‑refundable; pre‑MOU draft deletions and negotiations are inadmissible or, if admissible, unhelpful; on construction and commercial matrix the Subject Sum was earnest money refundable when negotiations failed, accordingly defendant must return HK$30,000,000.
- Interpretation of memorandum of understanding
- Refundability of deposit (定金)
- Admissibility of pre-contractual negotiations and draft deletions
- Exclusivity/lock-out agreements
- Confidentiality obligations