上海海泰克貿易發展公司 AND ANOTHER v. CHOI SAI LEUNG

上海海泰克貿易發展公司 AND ANOTHER v. CHOI SAI LEUNG

The defendant's allegations of illegality and misrepresentation were vague, hearsay and unsupported by particulars or credible explanation and therefore did not constitute an arguable defence; summary judgment was properly entered for the plaintiffs for the principal sum, interest and costs.

Citation
上海海泰克貿易發展公司 AND ANOTHER v. CHOI SAI LEUNG
Parties
Plaintiff: 1st plaintiff; Plaintiff: 2nd plaintiff; Defendant: defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
24 July 2001
Case Number
HCA1767/1999
Procedural Posture
Summary Judgment on Guarantee and Cheque / Application Under Order 14; Hearing and Reasons for Decision
Outcome
Summary judgment for the plaintiffs
Legal Topics
Summary Judgment, Enforceability of Guarantees, Illegality Defence, Misrepresentation and Estoppel, Interest and Costs
Source Language
EN
Contract Guarantee Civil Procedure Illegality Misrepresentation Estoppel Summary Judgment Enforceability of Guarantees +3 more

Case Brief

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Parties

1st plaintiff

Plaintiff

2nd plaintiff

Plaintiff

defendant

Defendant

Procedural Posture

Summary Judgment on Guarantee and Cheque / Application Under Order 14; Hearing and Reasons for Decision

Legal Issues

  1. 1 Whether the guarantee and cheque are unenforceable because the underlying contract was illegal (smuggling)
  2. 2 Whether the defendant was induced to sign by misrepresentation and estoppel and thus the guarantee is unenforceable
  3. 3 Whether the defendant has an arguable defence sufficient to resist summary judgment

Ratio Decidendi

The defendant's allegations of illegality and misrepresentation were vague, hearsay and unsupported by particulars or credible explanation and therefore did not constitute an arguable defence; summary judgment was properly entered for the plaintiffs for the principal sum, interest and costs.

Court Disposition

Summary judgment for the plaintiffs

Orders

  • Judgment for the plaintiffs for US$2,832,512.00 or the Hong Kong dollar equivalent at the time of payment
  • Interest at 14% over the HSBC prime rate from 9 December 1998 to date of judgment and judgment rate thereafter