11 Jan 2022
AUSTRALIAN MEDIC-CARE CO LTD v. NETWORK ADVERTISING DEVELOPMENT LTD AND ANOTHER
- Citation
- [2022] HKDC 42
- Court
- District Court
- Case number
- DCCJ4394/2019
No oral term was proved that the advertisement must commence on 1 March 2019; the written contract only provided for commencement in March 2019 generally. The 1st defendant repudiated by failing to provide the Lightbox in March and must refund the fee actually paid in HKD (HKD91,300). The plaintiff failed to prove that the 2nd defendant knew the Lightbox would be unavailable in March and conspiracy liability against him fails. The claim for liquidated damages based on doubling an unstipulated deposit is rejected.