8 Mar 2019
WARNER MUSIC HONG KONG LTD v. SOLITON (HK) LTD
- Citation
- [2019] HKDC 192
- Court
- District Court
- Case number
- DCCJ4/2018
Clause 6 unambiguously made the HK$850,000 prepayment a primary, non-refundable but recoupable obligation payable on signing or within 30 days of invoice; the invoices issued corresponded to the Agreement and did not alter the payment obligation; the penalty doctrine did not apply to invalidate the primary prepayment obligation; defendant failed to pay and had no credible defence or triable issue; plaintiff was entitled to summary judgment for HK$850,000 and to an order requiring destruction or return of Licensed Materials in accordance with the Agreement.