CITIBANK, N.A. v. CHIT LEE HOLDINGS LTD. AND ANOTHER

CITIBANK, N.A. v. CHIT LEE HOLDINGS LTD. AND ANOTHER

The judge held that the 2nd defendant failed to raise any credible triable issue: non est factum and misrepresentation were not established on the evidence, undue influence was unsupported, and the non‑binding Code did not assist; accordingly summary judgment on liability was appropriate and judgment entered for the plaintiff against the 2nd defendant.

Citation
CITIBANK, N.A. v. CHIT LEE HOLDINGS LTD. AND ANOTHER
Parties
Plaintiff: CITIBANK, N.A.; 1st Defendant: CHIT LEE HOLDINGS LIMITED; 2nd Defendant: LAI YIN SHAN NELLY
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
5 July 2000
Case Number
HCA15246/1999
Procedural Posture
Summary Judgment on Guarantee Claim (banking/contract) / Appeal From Master's Order (judgment on Appeal)
Outcome
Appeal allowed; judgment for plaintiff against 2nd defendant on liability
Legal Topics
Summary Judgment, Non Est Factum, Misrepresentation, Undue Influence, Code of Banking Practice, Liability of Surety, All Monies Clause
Source Language
EN
Contract Banking Civil Procedure Equity Summary Judgment Non Est Factum Misrepresentation Undue Influence +3 more

Case Brief

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Parties

CITIBANK, N.A.

Plaintiff

CHIT LEE HOLDINGS LIMITED

1st Defendant

LAI YIN SHAN NELLY

2nd Defendant

Procedural Posture

Summary Judgment on Guarantee Claim (banking/contract) / Appeal From Master's Order (judgment on Appeal)

Legal Issues

  1. 1 Whether the 2nd defendant raised a triable issue to resist summary judgment on the 5 May 1998 guarantee
  2. 2 Whether the plea of non est factum applies to defeat the guarantee
  3. 3 Whether the plaintiff made actionable misrepresentations that vitiate the guarantee

Ratio Decidendi

The judge held that the 2nd defendant failed to raise any credible triable issue: non est factum and misrepresentation were not established on the evidence, undue influence was unsupported, and the non‑binding Code did not assist; accordingly summary judgment on liability was appropriate and judgment entered for the plaintiff against the 2nd defendant.

Court Disposition

Appeal allowed; judgment for plaintiff against 2nd defendant on liability

Orders

  • Judgment for the plaintiff against the 2nd defendant as claimed
  • Costs nisi of the action, including the appeal and the hearing before the master, to the plaintiff