Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Suspension of services

  • 21 Oct 2019

    株式会社日源商事 v. CRAZYEGG LTD

    Citation
    [2019] HKCFI 2526
    Court
    Court of First Instance
    Case number
    HCA1381/2018

    The court held that the contracts created fixed payment obligations which the defendant was not entitled to suspend; clauses permitting the plaintiff to suspend network services for late payment did not grant the defendant a reciprocal right to cease payment nor did they constitute an exclusive remedy extinguishing other contractual or common law rights. Consequently the defendant remained liable for outstanding instalments under the contracts subject to the separate factual dispute reserved for the seventh contract.

  • 11 Oct 2004

    GOETZ TRADING LTD v. PACIFIC SUPERNET LTD

    Citation
    GOETZ TRADING LTD v. PACIFIC SUPERNET LTD
    Court
    District Court
    Case number
    DCCJ5427/2002

    Even accepting expert evidence that the spam probably originated via the plaintiff's IP address, Clause 6.3 cannot be read to make the plaintiff strictly liable for spam arising from unauthorised third party use or technical forgery; the defendant failed to effect proper notification and adequate investigation (sent warnings to an address other than the contractually specified technical contact and did not reasonably follow up) before suspending outgoing e-mail, so the July suspension was a breach of contract for which defendant is liable for consequential and direct costs; defendant succeeds…