28 Feb 2023
CHINACHEM FINANCIAL SERVICES LTD v. CENTURY VENTURE HOLDINGS LTD
- Citation
- [2023] HKCFI 457
- Court
- Court of First Instance
- Case number
- HCA410/2013
The Agreement, as amended, expired by effluxion of time on 25 February 2011 under its clear written terms and time‑of‑the‑essence provisions; no new contract by conduct was established because the post‑expiry conduct was consistent with attempts to secure a written extension or a new deal and not unequivocally referable only to a subsisting contract; estoppel fails because no representation overcoming the written modification clause or requisite reliance/detriment was proved; unjust enrichment fails for lack of proven benefit conferred; counterclaim dismissed.