15 Mar 2023
VEMBER LORD LTD v. THE SWATCH GROUP (HONG KONG) LTD
- Citation
- [2023] HKCA 371
- Court
- Court of Appeal
- Case number
- CACV84/2022
The abatement clause is triggered by events affecting the occupation or accessibility of the physical premises; community‑wide reductions in customer numbers from social unrest and the pandemic did not render the premises unfit or inaccessible nor make the landlord's obligations radically different, so the clause was not engaged and the leases were not frustrated; summary judgment for the landlord therefore had no error.