8 Oct 2004
ADVERTASIA STREET FURNITURE LTD v. CHINA OUTDOOR MEDIA INVESTMENT (HONG KONG) CO LTD
- Citation
- ADVERTASIA STREET FURNITURE LTD v. CHINA OUTDOOR MEDIA INVESTMENT (HONG KONG) CO LTD
- Court
- Court of First Instance
- Case number
- HCCL145/1999
The clause 1.1 condition precedent required the JV contracts to be void on or before completion to defeat completion; evidence (including expert PRC law evidence and subsequent Chinese proceedings) established the Beijing and Guangzhou JV contracts were valid at the completion date and documentary irregularities did not render them invalid under PRC law; the Side Agreement was not part of the JV contract; accordingly the defendant was in breach and the appropriate remedy is specific performance together with equitable consequential damages and interest, but the claimed consultancy fees are di…