27 Apr 2026
GIANT HARVEST LTD v. NAN HAI CORPORATION LTD AND ANOTHER
- Citation
- [2026] HKCFI 2034
- Court
- Court of First Instance
- Case number
- HCA2072/2018
The court implied into the SPA limited obligations that the parties must cooperate and use best or reasonable endeavours to agree the Closing Audit within the six month audit period or within a reasonable time thereafter (no later than one year), and to raise detailed queries with the auditor; True Vision breached those implied obligations by failing to engage adequately and thus BDO's Closing Audit became final and binding for calculation of the Total Price, entitling Giant Harvest to the Third Guarantee Amount (US$37,434,469) plus contractual interest; the Yabao settlement (RMB3,010,000) wa…