29 Aug 2013
Clause 9(a)(iii) is plainly unreasonably wide and the plaintiff failed to plead particulars or adduce evidence to justify each element of the restriction (subject matter, geographic radius, duration); accordingly the plaintiff has no good prospect of success and the interlocutory injunction is dismissed.
23 Apr 1993
The Court held the telexes constituted a concluded contract; the phrase 'Force majeure/arbitration: standard terms to apply' was meaningless but not essential to the contract and therefore severable under Nicolene v. Simmonds; variances in the Letter of Credit were accepted or waived by the vendor; damages of US$415,000 awarded to the purchaser under Sale of Goods Ordinance s.53(3).
7 Dec 1983
The supplemental agreement was, on its face, a nonsense referencing inappropriate clause 4F; the court was entitled to consider the factual matrix and effect major surgery to give effect to the parties' true intention (only to raise rent); removing the offending references preserved a monthly tenancy which was validly terminated by the Notice to Quit; accordingly the defendant was entitled to possession.