27 Feb 2015
STARK MOLY LTD v. LAM FUNG
- Citation
- STARK MOLY LTD v. LAM FUNG
- Court
- Court of First Instance
- Case number
- HCA1581/2010
The court held that Stark Moly's single application to discharge the order and seek damages sufficed to invoke the court's power to put an end to the contract; exercised equitable discretion to discharge the prior specific performance order because enforcement or awarding damages in the full sum claimed would unjustly allow Stark Moly double recovery (option consideration plus retained value transferred into Wiseking shares); accordingly the specific performance order was discharged and judgment for damages was entered to be assessed.