23 Sept 2025
No written 90‑day termination notice was given; defendant was in repudiatory breach by non‑payment from November 2022; plaintiff validly elected to affirm the contract and claim the contractual sums under Clause 9.3 through the expiry of the renewed term; defendant liable for HK$1,391,667.44 plus interest and costs.
17 Dec 2024
The application for leave to appeal was dismissed because the proposed appeal had no reasonable prospect of success: the plaintiff's claims were unarguably bad and incapable of recovery (a company cannot claim subjective 'diminished enjoyment' on these facts), the Welcome Message was not a contractual term, the claims were abusive/academic given expired agreements, and the exercise of discretion on costs and refusal to allow further amendments was correct; indemnity costs were appropriate and the gross sum assessment was proportionate.
14 Jun 2010
Both actions were struck out for want of prosecution: Newbond's prolonged inaction (failure to comply with directions, no affidavit explaining delay) amounted to inordinate and inexcusable delay and an abuse of process and created a substantial risk that a fair trial would be impossible; dismissal was fair and appropriate; costs awarded to defendant.
28 Jul 1999
Clause 25 requires the Premises to be actually and adversely affected by the relevant ordinances before the Purchasers may rescind; mere inclusion in an OZP is not sufficient. On the facts the OZP zoning did not produce an injurious or prejudicial effect on the Premises, the Defendants were in anticipatory breach, the Plaintiff validly accepted the repudiation and is entitled to damages equal to the difference between contract price and market value at the date of breach.
23 Jan 1996
The defendant's pleaded defence was not credible on the probabilities because its contemporaneous conduct and documents (payments of interest, letters seeking time to pay, L/C dealings and lack of written complaints or particulars of defect) were inconsistent with asserting that the goods were defective; accordingly the defendant had no real prospect of success and final judgment for the plaintiff was entered.