28 Jan 2021
ARNOLD ROBERT LTD v. GLORIOUS MOTORS LTD
- Citation
- [2021] HKCA 126
- Court
- Court of Appeal
- Case number
- CACV568/2018
Clause 11.11, read objectively against the factual matrix, referred to the HGTE handling package actually present and did not require all possible HGTE packages; the defendant therefore was not entitled to terminate or demand installation of further HGTE features. The Handwritten Clause only covered defects going beyond ordinary wear and tear; the defendant failed to prove those defects in the absence of expert evidence. Further, because the defendant terminated citing other contractual provisions in its termination letter, it could not rely on the Handwritten Clause later under the Glencore…