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Hong Kong Case Law

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  • 29 Nov 2013

    URBAN RENEWAL AUTHORITY v. AGRILA LTD AND ANOTHER

    Citation
    URBAN RENEWAL AUTHORITY v. AGRILA LTD AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCA1582/2002

    On construction the Heads of Agreement expressly made the 1st defendant responsible for Acquisition Funds including resumption payments and, read with the Restructuring Agreement and its Memorandum, an implied term (and the commercial matrix) established the 1st defendant's contractual liability; in any event the defendants are estopped by convention from denying liability because they and LDC conducted themselves on the shared assumption that the 1st defendant would pay resumption demands until August 2000; A&I(3) did not discharge resumption liabilities; no collateral/oral settlement existe…