Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Escrow and guarantees
  • 27 Apr 2026

    GIANT HARVEST LTD v. NAN HAI CORPORATION LTD AND ANOTHER

    Citation
    [2026] HKCFI 2034
    Court
    Court of First Instance
    Case number
    HCA2560/2018

    The court implied limited but necessary terms into the SPA that the parties must use best or reasonable endeavours to agree the Closing Audit within six months or, at latest, within a reasonable time (construed as one year from Closing Date) so the Third Guarantee Amount could be ascertained; True Vision breached those implied obligations by failing to pursue and particularise audit queries and is bound by the Closing Audit; Giant Harvest entitled to US$37,434,469 as Third Guarantee Amount and RMB3,010,000 Yabao Settlement Sum; True Vision entitled to RMB380,000,000 Compensation for MIXC non-…