7 Oct 2013
KINETICS MEDICAL AND HEALTH GROUP COMPANY LTD AND OTHERS v. DR TSE IVAN CHEONG YAU
- Citation
- KINETICS MEDICAL AND HEALTH GROUP COMPANY LTD AND OTHERS v. DR TSE IVAN CHEONG YAU
- Court
- Court of First Instance
- Case number
- HCA1115/2010
The court found that the Dec06 and Mar07 agreements and the Addendum were made such that a grace/cushion period was contractually available if the clinic's net income fell below the agreed TNI (HK$53,000/month) and/or if plaintiffs failed to provide adequate support. The defendant validly exercised the grace period but only to suspend payments; Clause 3 (agreement to compromise amount/date) was too uncertain to extinguish payment obligations. The defendant's counterclaim for Ortho Support Loss fell within the Albazero/Johnson exceptions to the no-reflective-loss rule and was allowed. Net resu…