3 Jul 2024
THE INCORPORATED OWNERS OF SUN HING BUILDING v. JOIN PROFIT (HONG KONG) LTD AND ANOTHER
- Citation
- [2024] HKCA 589
- Court
- Court of Appeal
- Case number
- CACV102/2023
The Court held the Lands Tribunal erred in implying an unfettered term permitting the IO to unilaterally terminate the Agreement by reasonable notice without cause; on proper construction the Agreement is not terminable at will but may be terminated by reasonable notice only where a party demonstrates a legitimate need to restore the original configuration (e.g. to comply with legal duties under the DMC/BMO or lawful commercial necessity); applying that construction the IO’s notice was ineffective and the IO’s application must be dismissed.