29 Aug 2007
MIDLAND REALTY (COMM. & IND.) LTD v. TRILLION (HK) HOLDINGS LTD
- Citation
- MIDLAND REALTY (COMM. & IND.) LTD v. TRILLION (HK) HOLDINGS LTD
- Court
- District Court
- Case number
- DCCJ3530/2006
On the balance of probabilities the Plaintiff failed to prove that the Defendant and the purchaser mutually agreed to cancel the provisional agreement as required by clause 10b; the evidence (including the judge's adverse assessment of the Plaintiff's witness) supported that the purchaser refused to proceed and the Defendant accepted repudiation rather than agreeing to cancel; therefore clause 10b does not operate and the Plaintiff's claim for commission fails.