6 Jun 2022
PROSPERITY MATERIALS MACAO COMMERCIAL OFFSHORE LTD v. BLACKROCK METALS INC
- Citation
- [2022] HKCFI 1744
- Court
- Court of First Instance
- Case number
- HCA598/2020
Evidence established that by 30 June 2019 the defendant had no capacity to perform and by words and conduct had evinced no intention to perform its delivery obligations under clause 3.2, constituting an anticipatory repudiatory breach; the plaintiff validly accepted the repudiation, terminated the agreement and was entitled to summary judgment for return of the deposits and interest; accordingly the Master’s order for further security was set aside given the plaintiff’s strong merits.