23 Mar 2005
THE WORLD FOOD FAIR LTD AND ANOTHER v. HONG KONG ISLAND DEVELOPMENT LTD
- Citation
- THE WORLD FOOD FAIR LTD AND ANOTHER v. HONG KONG ISLAND DEVELOPMENT LTD
- Court
- Court of Appeal
- Case number
- CACV398/2003
On the facts the Court found a binding agreement existed by late January 1997: parties had agreed essential terms, the $200,000 payment and subsequent entry into possession and substantial preparatory expenditure constituted part performance displacing CPO s3(1), the defendant breached by repudiating agreed use and facilities, plaintiffs accepted repudiation by surrendering keys and removing effects, and plaintiffs were entitled to damages; appeal allowed and cross-appeal dismissed.