6 Mar 2007
TSUI PO HING AND ANOTHER v. SK KAKEN CO., LTD AND ANOTHER
- Citation
- TSUI PO HING AND ANOTHER v. SK KAKEN CO., LTD AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCCL42/2004
The court found the operative contract was between Protech (Tsui brothers) and SKK (H.K.) Co. Ltd; Clause 10 of the 1 January 1995 agreement means an initial three year term with automatic one year renewal (3+1) absent timely notice (effectively four years), not a 50 year term; plaintiffs failed to prove actionable representations or entitlement to rectification; estoppel by convention could not found an independent cause of action absent an assumed contract; allegations of repudiatory breach (appointment of other agents and failure to commission machinery) were not established; consequently…