20 Jan 2022
VEMBER LORD LTD v. THE SWATCH GROUP (HONG KONG) LTD
- Citation
- [2022] HKCFI 279
- Court
- Court of First Instance
- Case number
- HCA1114/2020
The abatement clause is confined to events affecting the premises themselves and to matters with a connection to the landlord's obligations; it does not extend to ordinary business downturns or pure economic loss caused by reduced footfall from social unrest or the pandemic; the defendant failed to show the premises were rendered unfit for use or inaccessible and failed to show frustration because performance was not rendered fundamentally or radically different, therefore the defendant's defences had no real prospect and summary judgment must stand.