31 Mar 2021
BESPARK TECHNOLOGIES ENGINEERING LTD v. GOLDEN CONCEPT DEVELOPMENT LTD
- Citation
- [2021] HKCFI 839
- Court
- Court of First Instance
- Case number
- HCA2238/2019
The Letter of Nomination constituted a binding agreement between Bespark and Golden Concept; Paul Y was not a party to the Letter. Bespark had by conduct accepted the terms of the draft Sub-Contract and could not avoid executing it. Clause 9 of the Letter precluded Golden Concept from assuming liability to Bespark despite having paid directly. Consequently Bespark’s claims against Golden Concept were misconceived; Golden Concept was entitled to specific performance ordering Bespark to execute the formal Sub-Contract and the actions were dismissed.