26 Sept 2022
ABLE ENGINEERING CO LTD v. WELMETAL RESOURCES GROUP LTD
- Citation
- [2022] HKCFI 2963
- Court
- Court of First Instance
- Case number
- HCA51/2022
Clause 12 conferred an express right to terminate on the occurrence of the specified event (failure to pay within 30 days); therefore questions about whether time was 'of the essence' under s12 SOGO or whether notices were 'reasonable' were irrelevant; the defendant validly terminated the contract on 27 May 2021 and the action is dismissed.