Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Contractual waiver
  • 27 Sept 2013

    LIEU TSENG VAN v. ZHUHAI HOLDINGS INVESTMENT GROUP LTD

    Citation
    LIEU TSENG VAN v. ZHUHAI HOLDINGS INVESTMENT GROUP LTD
    Court
    Court of Appeal
    Case number
    CACV152/2012

    The Court held that the parties waived the clause providing expiry on 31 December 2008 by their subsequent conduct and communications, so the Framework Agreement continued; appellants were not entitled to forfeit or retain the earnest money; JZD was entitled to demand return and to enforce the share charge and Loan Assignment and validly appointed receivers; the earnest money had been paid in HKD and must be repaid in HKD (HKD30,000,000) with interest; ancillary orders as to damages to be assessed and costs followed.