15 Mar 2021
LEUNG WAI LING ISEWESG v. SUCCESS BASE ENGINEERING LTD
- Citation
- [2021] HKCA 310
- Court
- Court of Appeal
- Case number
- CACV58/2020
Defendant failed to establish an arguable implied repairing obligation at contract formation or that any delay in repair justified repudiation; the IO’s loading restriction did not constitute landlord’s breach or derogation from grant affecting fitness for general industrial use; clause 3 is a valid forfeiture and not shown to be a penalty nor did the late amendment cause prejudice — therefore summary judgment below was upheld and the appeal dismissed.