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Hong Kong
right of first refusalestoppel waiverdamages
Cheung Kong Property (Business Development) Ltd v Gold Brilliant Investment Ltd & Pan Sutong
Cheung Kong Property (Business Development) Ltd v Gold Brilliant Investment Ltd [2025] HKCFI 6181 (Court of First Instance, not Court of Appeal)
Key Principle
A contractually granted right of first refusal contained in a deed is enforceable according to its terms, and the grantor's breach sounds in damages (including for loss of a chance) determined on the construction of the deed; conduct or commercial gestures will only found an estoppel or waiver where they amount to a clear and unequivocal representation, not mere negotiation posturing.
Area of Law
commercial
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