15 Jul 2022
WHARF REALTY LTD v. AGB LEGEND LTD t/a "ABEBI"
- Citation
- [2022] HKCFI 2036
- Court
- Court of First Instance
- Case number
- HCA955/2020
On assumed facts the defendants' defences fail: the doctrine of frustration does not apply because the Tenancy Agreements remained capable of performance and the risk of adverse market conditions lay with the tenants; the abatement clause requires physical damage and was not triggered; counterclaims for quiet enjoyment and derogation from grant allege only temporary/intermittent disturbances and are unsustainable; plaintiff entitled to final judgment for outstanding contractual sums and contractual damages, counterclaims struck out and costs awarded to plaintiff.