Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Termination on reasonable notice

Legal area

Court

25 Aug 2023

THE HONG KONG POLYTECHNIC UNIVERSITY v. REHABAID SOCIETY

Citation

[2023] HKCA 956
Court

Court of Appeal
Case number

CACV402/2022

The Court of Appeal held that on true construction the MoA licence was terminable unilaterally by the Plaintiff upon the cessation of the substratum/cooperation between RC and REC, that reasonable notice is required, and that an implied term to that effect could be justified by business efficacy; the trial judgment granting specific performance was set aside and possession ordered.
16 Apr 2002

KO CHI KEUNG v. LEE PING YAN ANDREW

Citation

KO CHI KEUNG v. LEE PING YAN ANDREW
Court

Court of First Instance
Case number

HCA18029/1999

The court found on the evidence that the parties had effectively restored the original Head Agreement; the defendant breached by unilaterally terminating it; the plaintiff was entitled to damages for unpaid advisory fees for the period of reasonable notice (one month standard applied resulting in an award reflecting six months and 20 days) and had an equitable proprietary interest in a portion of the defendant's Holdings shares as at 25 May 1999 with rights to account, tracing and vesting of substituted assets.