20 Sept 2018
WEALTHY CATERING HOLDINGS LTD v. SUPERIOR LUCK LTD AND ANOTHER
- Citation
- [2018] HKDC 1011
- Court
- District Court
- Case number
- DCCJ5075/2015
The court held that the written documents and the parties’ conduct together formed the contracts; on construction the licensing obligation (application, renewal and maintenance) was a duty of Wealthy Catering by reason of the oral bargain and conduct, whereas the head lease was not wholly incorporated into the sub‑franchise (only rent/term aspects were); Wealthy Catering’s failure to procure an effective licence was a repudiatory breach accepted by Superior Luck on 30 September 2015; there was no contractual obligation on Superior Luck to reinstate to bare‑shell; the rental deposit and securi…