10 Dec 2018
XIAMEN XINJINGDI GROUP CO LTD formerly known as (廈門巿鑫新景地房地產有限公司) v. ETON PROPERTIES LTD AND OTHERS ETON PROPERTIES LTD AND OTHERS
- Citation
- [2018] HKCA 942
- Court
- Court of Appeal
- Case number
- CACV158/2012
The court refused leave because the contested questions were either not questions of great general or public importance or not reasonably arguable; it held that a common law action on an award is founded on an implied promise to comply with the award so damages compensate non-performance of the award (not the underlying contract’s loss of bargain); the inducing breach, conspiracy and constructive trust claims failed on settled law and concurrent factual findings and thus did not merit certification to the Court of Final Appeal.