23 Jun 2009
ZHANG JIANHE v. CITIC 21CN CO LTD
- Citation
- ZHANG JIANHE v. CITIC 21CN CO LTD
- Court
- Court of First Instance
- Case number
- HCA1968/2006
The court held that (1) the Offer Letter phrase expressing anticipation of continuing effort was not a contractual condition making exercise contingent on satisfactory performance; (2) even if such a condition existed, defendant failed to prove plaintiff's performance was unsatisfactory; but crucially (3) the March 31, 2005 attempt was invalid because plaintiff did not submit the required written notice to the Company Secretary nor tender the full remittance of HK$6,336,000, and the court rejected plaintiff's evidence that he handed a written notice to a finance officer; (4) plaintiff also fa…