8 Aug 2005
OKACHI (HONG KONG) CO LTD v. NOMINEE (HOLDING) LTD
- Citation
- OKACHI (HONG KONG) CO LTD v. NOMINEE (HOLDING) LTD
- Court
- Court of First Instance
- Case number
- HCA4596/2000
Clauses 3.2, 3.3 and 4.4 are conditions relating to time and manner of performance; the defendant delayed some eight months, pursued a subsale and only belatedly prepared inadequate applications, thereby failing to apply promptly and to use best endeavours; that conduct amounted to repudiatory breach entitling the plaintiff to rescind; defendant's arguments that rescission was premature or that plaintiff affirmed or breached so as to lose rescission were rejected.