Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Summary striking out
  • 14 Jul 2017

    HOBMAN CO LTD v. FORTUNE (WHOLESALE) LTD

    Citation
    HOBMAN CO LTD v. FORTUNE (WHOLESALE) LTD
    Court
    District Court
    Case number
    DCCJ3031/2015

    The defendants' central allegation of clear and unequivocal oral assurances of multi‑year renewable licences is inherently unbelievable when tested against contemporaneous written Licence Agreements and the Joint Letter; the alleged oral long‑term agreement is in any event unenforceable by statute (Cap 219) and the subsidiary defences (duress, lack of standing, undue influence, promissory estoppel) lack factual particularity or legal merit; therefore the misrepresentation defence and counterclaim are unarguable and summary relief for vacant possession and striking out is appropriate.