14 Jun 2022
JEKCO ELEVATORS LTD v. MILLION HOTEL MANAGEMENT LTD
- Citation
- [2022] HKCA 810
- Court
- Court of Appeal
- Case number
- CAMP101/2022
Leave to appeal refused because defendant failed to show a reasonable prospect of success: breaches occurring under the first agreement cannot be aggregated to justify termination of the second agreement; defendant failed to prove the alleged breaches within the contractual period of the 2nd Agreement (including the 26 June 2017 incident) or that the remedial works were necessitated by plaintiff's breach; award of the unpaid balance of the 2nd Agreement as damages was appropriate absent pleaded mitigation or proof of net profit loss.