2 Nov 2012
SUI KAN (HK) LTD v. KINGSPOWER BULLION LTD
- Citation
- SUI KAN (HK) LTD v. KINGSPOWER BULLION LTD
- Court
- Court of First Instance
- Case number
- HCA937/2010
The Agreement allocated the risk of non‑completion to the Purchaser and the Defendant had fulfilled its contractual obligation to use reasonable endeavours; an implied term to require the Defendant to agree to extend time would contradict express clauses (including time being of the essence and termination right) and was unnecessary; the alleged collateral contract was not proved and was excluded by the entire agreement clause; clause 4.2 is not a penalty; the Plaintiff's alternate restitution claim was untenable. Result: claim dismissed and indemnity costs awarded to Defendant for abuse of p…