21 Oct 2019
株式会社日源商事 v. CRAZYEGG LTD
- Citation
- [2019] HKCFI 2526
- Court
- Court of First Instance
- Case number
- HCA1381/2018
The court held that the contracts created fixed payment obligations which the defendant was not entitled to suspend; clauses permitting the plaintiff to suspend network services for late payment did not grant the defendant a reciprocal right to cease payment nor did they constitute an exclusive remedy extinguishing other contractual or common law rights. Consequently the defendant remained liable for outstanding instalments under the contracts subject to the separate factual dispute reserved for the seventh contract.