8 Feb 2018
YEUNG & YOUNG MEDICARE CENTRE LTD v. 潘贊生
- Citation
- [2018] HKCFI 272
- Court
- Court of First Instance
- Case number
- HCSA55/2017
The court held there were no arguable points of law: penalty doctrine did not provide an arguable basis to upset forfeiture of a deposit where the law treats deposits differently from sums payable on breach; the DPO correctly applied authority that forfeitable deposits are generally enforceable absent unconscionability; there was no evidence of waiver; factual findings on breach of Clause 6 were within the scope for reasonable minds to differ and not perverse, so leave to appeal was unarguable and refused.