20 Sept 2021
HOLDWIN LTD v. PRINCE JEWELLERY AND WATCH CO LTD (formerly known as SUCCESS LIGHT INVESTMENTS LTD
- Citation
- [2021] HKCFI 2735
- Court
- Court of First Instance
- Case number
- HCA718/2020
Defendant failed to raise an arguable defence: Covid-19 did not frustrate the fixed-term commercial lease because it did not prevent performance or change the identity of the obligations; the Rent Abatement Clause is concerned with physical destruction/inaccessibility and does not cover a pandemic; the Plaintiff was entitled to affirm the Lease and sue in debt for the agreed sums; accordingly summary judgment awarded to Plaintiff and the Defendant's appeal dismissed.