30 Sept 2013
KABUSHIKI KAISHA PROJE HOLDINGS (formerly known as STELLAR GROUP CO LTD) v. KING POWER GROUP (HONG KONG) LTD
- Citation
- KABUSHIKI KAISHA PROJE HOLDINGS (formerly known as STELLAR GROUP CO LTD) v. KING POWER GROUP (HONG KONG) LTD
- Court
- Court of First Instance
- Case number
- HCA350/2010
The CA was not void for incompleteness or uncertainty because Schedule 1 was a known preliminary draft not incorporated as a binding term; the defendant performed services within the CA's scope (including work on Patrick Cox and other projects) so there was no total failure of consideration or fundamental breach; the remuneration was an upfront fixed aggregate payment and not divisible into 60 monthly instalments; the plaintiff was not entitled to terminate and wrongfully terminated the CA on 7 August 2009; accordingly the plaintiff's claims are dismissed and defendant is entitled to costs.