9 Sept 2022
THE HONG KONG POLYTECHNIC UNIVERSITY v. REHABAID SOCIETY
- Citation
- [2022] HKCFI 2830
- Court
- Court of First Instance
- Case number
- HCA1789/2017
The court held the Plaintiff failed to prove any term should be implied into the MoA making the licence terminable upon cessation of collaboration between RC and REC; the MoA contained no express condition tying occupation to collaboration and surrounding documents did not supply the required necessity or obviousness for implication; therefore the Plaintiff's notice of termination was invalid, Defendant entitled to remain and specific performance of the MoA was ordered in favour of the Defendant.