17 Mar 2023
FONG KIN WA v. LI HAU YI AND ANOTHER
- Citation
- [2023] HKCFI 765
- Court
- Court of First Instance
- Case number
- HCMP2235/2019
The defendants breached their express obligations under clauses 4 and 5 by failing to produce tax returns, tax assessments and the signed audited accounts reasonably requested for the purchaser's due diligence; that failure was repudiatory because it prevented completion conditioned on satisfactory due diligence under clause 4; the plaintiff was therefore entitled to and validly terminated the Agreement and recover the deposits.