Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Lease frustration
  • 20 Jan 2022

    VEMBER LORD LTD v. THE SWATCH GROUP (HONG KONG) LTD

    Citation
    [2022] HKCFI 279
    Court
    Court of First Instance
    Case number
    HCA1114/2020

    The abatement clause is confined to events affecting the premises themselves and to matters with a connection to the landlord's obligations; it does not extend to ordinary business downturns or pure economic loss caused by reduced footfall from social unrest or the pandemic; the defendant failed to show the premises were rendered unfit for use or inaccessible and failed to show frustration because performance was not rendered fundamentally or radically different, therefore the defendant's defences had no real prospect and summary judgment must stand.