16 Aug 1978
ANSTALT NYBRO v. HONG KONG RESORT CO LTD
- Citation
- ANSTALT NYBRO v. HONG KONG RESORT CO LTD
- Court
- Court of Appeal
- Case number
- CACV45/1978
The appeal was dismissed: the Option Agreement could not be upheld as enforceable in the form presented because the parties failed to provide for or agree Articles of Association for the companies to be formed, creating fatal uncertainty as to the corporate machinery central to the venture; additionally, on the facts and given the radical change in HKR's management and plans, specific performance would not be a realistic remedy and damages would be adequate, so the agreement did not in practice affect the land for registration purposes and the registry entries were properly vacated.