23 Sept 2025
ANTHONY FRANCIS LI and CLARENCE A LI, Managers of LI TO WAN TSO v. KWOK WUI KNITTERS LTD
- Citation
- [2025] HKCFI 4433
- Court
- Court of First Instance
- Case number
- HCMP1044/2019
s15 consent did not render the provisional agreement void ab initio; the DO letters did not constitute a refusal of consent on the evidence; frustration not made out; no implied term that consent had to be obtained within a specified reasonable time; plaintiff, as successor managers, breached the Best Endeavours Clause (Clause 7) by failing to pursue the DO application and by attempting to annul the agreement; defendant entitled to specific performance of Clause 7 and a declaration that the provisional agreement is enforceable subject to DO consent; costs ordered nisi to defendant.