3 Feb 2000
SANWA FINANCE HONG KONG LTD. v. HONEY TECHNOLOGY LTD. AND OTHERS
- Citation
- SANWA FINANCE HONG KONG LTD. v. HONEY TECHNOLOGY LTD. AND OTHERS
- Court
- Court of Appeal
- Case number
- CACV271/1999
The pleading, read as a whole, sufficiently pleaded a contractual claim for liquidated damages under Clauses 6(1) and 7; Clause 7 applies where termination under Clause 6(1) occurs and non-payment has persisted for seven days after initial default without requiring that the seven-day period have wholly elapsed before termination; the defendants' evidence of an informal standstill did not constitute clear and unequivocal evidence of a binding forbearance and thus did not raise an arguable triable defence in summary judgment proceedings; accordingly summary judgment was properly entered and gua…