29 Jul 2022
SUNBROAD HOLDINGS LTD v. A80 PARIS HK LTD (formerly known as A80 ANOUFA PARIS HK LTD) AND ANOTHER
- Citation
- [2022] HKCFI 2251
- Court
- Court of First Instance
- Case number
- HCA735/2020
The court found the frustration defence not arguable because COVID-19 and prior social unrest did not render possession or performance physically or commercially impossible nor transform contractual obligations beyond reasonable contemplation; the tenant failed to discharge the heavy burden of proving it was wholly unreasonable for the landlord to retain the lease, so the landlord is entitled to enforce rent obligations and summary judgment is appropriate on the pleaded grounds.