8 Apr 2024
KING FIELD SHIPYARD LTD v. TAI PAK SEA-FOOD RESTAURANT LTD AND ANOTHER
- Citation
- [2024] HKCFI 898
- Court
- Court of First Instance
- Case number
- HCA1494/2022
The court held that the high threshold to strike out the claim (that it is impossible to succeed) is not met: there is a serious issue to be tried as to enforceability of the Agreement and entitlement to specific performance given the uniqueness of the boats and licences and the dispute as to which party prevented completion; on balance of convenience preservation orders should be granted in principle and the interim-interim order continued, subject to agreement on the form of preservation and any additional fortification within 21 days.