3 Jun 2021
SUNBROAD HOLDINGS LTD v. A80 PARIS HK LTD ( Formerly known as A80 ANOUFA PARIS HK LTD) AND ANOTHER
- Citation
- [2021] HKCFI 1422
- Court
- Court of First Instance
- Case number
- HCA735/2020
The court refused summary judgment and granted unconditional leave to defend because the defendants failed to raise triable issues on pre-contractual negotiation and frustration (no credible evidence of acceptance of the conditional 10% concession and the pandemic/unrest did not fundamentally alter the nature of the lease), but there was a triable issue on mitigation/acceptance of repudiation; however the court granted an interim payment of HK$493,893.96 (50% of the principal claimed) as the landlord would likely obtain a substantial judgment and mitigation prospects were affected by the even…