19 Sept 2012
HONG JING CO LTD v. ZHUHAI KWOK YUEN INVESTMENT CO LTD
- Citation
- HONG JING CO LTD v. ZHUHAI KWOK YUEN INVESTMENT CO LTD
- Court
- Court of Appeal
- Case number
- CACV254/2011
The defendant was bound by a contractual and fiduciary obligation to use best or reasonable endeavours in good faith and breached that obligation by delaying and failing to approach BOCGI expeditiously; asset proof was not a condition precedent; plaintiff did not waive breaches nor failed to mitigate as not pleaded; Hong Kong law governs the MOU; accordingly, costs were allocated between the parties and proceedings as quantified by the Court of Appeal.