21 Oct 2008
NEXT CHAMPION LTD v. NGAN IN LENG AND OTHERS
- Citation
- NEXT CHAMPION LTD v. NGAN IN LENG AND OTHERS
- Court
- Court of Appeal
- Case number
- CACV91/2008
No triable issue of law or fact existed; the Court of Appeal upheld the master’s finding that the defendants breached the deed of undertaking by failing to procure termination and vacant possession of the sauna lease by 31 August 2005; questions about quantification of loss (diminution in value) are to be determined at the assessment hearing and the defendants may raise the Gerber/separate-entity point there; the prevention principle did not apply on the defendants' own evidence; contra proferentem was inapplicable since both parties' solicitors participated in drafting.