19 May 2023
KING CROWN DEVELOPMENT LTD v. BARON TUXEDO LTD AND ANOTHER
- Citation
- [2023] HKDC 634
- Court
- District Court
- Case number
- DCCJ5254/2021
The defendants' primary defence—that an oral Withholding Payment Agreement suspended rent demands—was not believable and was contradicted by contemporaneous documents and conduct; even if believed it would be an unenforceable agreement to agree; clause 11.1 of the TA 2019 made the rent-free period conditional and entitled the landlord to recover rent where the tenant breached; the misrepresentation counterclaim lacked necessary particularity and evidence and was struck out; the guarantor is liable; reinstatement relief was not pleaded in time so cannot be granted on summary judgment though de…