Event and Time
Event Description
In 2004 and 2005, Mr. Imam (the appellant) and Mr. Mak (the third respondent) entered into two written consultancy agreements for consultancy services related to the fashion retail business in China. Following disputes over consultancy fees and alleged breaches of the agreements, Imam commenced legal action in November 2018 seeking damages for breach of contract.
Application and Claims
- The main claims stemmed from whether the consultancy agreements had been abandoned, and if so, whether that abandonment affected Imam's right to claim accrued fees and damages.
- Additionally, the case involved claims for indemnification from costs incurred during a Hong Kong proceeding initiated by Imam.
Judicial Decisions
The trial court concluded that the agreements had effectively been abandoned by the parties, as neither party performed contractual obligations or attempted to enforce them post-2010. This determination was central to the court's decision to dismiss Imam's claims.
Dispute Points and Legal Basis
Dispute Points
Appellant (Imam):
- Claimed that the 2005 agreement was still effective and entitled him to payment despite the cessation of services post-2010.
- Argued that there was an ongoing obligation for the respondents to provide records necessary for calculating his fees.
- Contended that the refusal of the Hong Kong court to approve his litigation funding entitled him to indemnity from costs incurred in that action.
Respondents (Mak and Life China):
- Asserted that the contracts had been abandoned due to a lack of performance or communication since 2010.
- Claimed that payments ceased in 2008 and that Imam's requests merely indicated an intention to finalize outstanding accounts, not to invoke contract rights.
- Denied any liability for costs incurred in Hong Kong, stating these were unrelated to breach of the agreements.