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Hong Kong decisions
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The District Court held that the distributor agreement was extended by conduct, PPM Mexico acted as the defendant’s agent, and the defendant owed the unpaid price and interest.
The High Court granted summary judgment and Declaration 2, holding the plaintiffs were entitled to re-possess the unresumed land before the 2022 resumption.
The District Court held that the insured breached a motor policy by failing to notify the insurer of the accident, prosecution and claim, and rejected waiver.
The Court of First Instance made a bankruptcy order against Liu Fu On after finding no bona fide dispute and no credible evidence of payment within a reasonable time.
Leave to appeal was granted on whether waiver or acquiescence can affect an incorporated owners’ statutory duty under s.18(1)(c) of the Building Management Ordinance.
The Court of Appeal held the contract was binding on execution, the deposit clauses were promissory conditions to performance, and the defendant breached payment obligations.
The court held the defendants breached a right of first refusal deed by failing to serve notice of a Great Eagle transaction. Damages for loss of a chance were awarded to the plaintiff.
賣方未交付空置管有，法院裁定其違反協議；“完全放棄”抗辯不成立，並就損失以合約價與後續和解金差額計算賠償。
The court granted an anti-suit injunction restraining BVI winding-up proceedings, but refused relief as to provisional liquidators, holding the arbitration clause bound the parties.
The court dismissed a bankruptcy petition, finding a bona fide dispute over alleged misrepresentations said to have induced three payment agreements and cheques.
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