NG PAK HANG PATRICK v. PENASIA LTD AND OTHERS

NG PAK HANG PATRICK v. PENASIA LTD AND OTHERS

Defendants failed to establish any credible triable issue; the Agreement expressly granted the plaintiff the right to call the personal guarantees and specified each defendant's extent of liability; evidence confirmed the loan instalments were advanced; accordingly summary judgment was appropriate and the plaintiff is entitled to recover the specified sums, interest and costs from the 2nd and 3rd defendants.

Citation
NG PAK HANG PATRICK v. PENASIA LTD AND OTHERS
Parties
Plaintiff: NG PAK HANG PATRICK; 1st Defendant: PENASIA LIMITED; 2nd Defendant: KWOK SHU FAN; 3rd Defendant: LUI MAN TAT; 4th Defendant: C & C GLOBAL PUBLISHING LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 May 2012
Case Number
HCA1678/2011
Procedural Posture
Civil Contract/loan/guarantee / Summary Judgment Application (master in Chambers)
Outcome
Summary judgment for plaintiff against the 2nd and 3rd defendants
Legal Topics
Summary Judgment, Personal Guarantee, Loan Repayment, Breach of Contract, Joint Venture Agreement, Interest
Source Language
EN
Contract Commercial Civil Procedure Guarantees Shareholder Disputes Summary Judgment Personal Guarantee Loan Repayment +3 more

Case Brief

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Parties

NG PAK HANG PATRICK

Plaintiff

PENASIA LIMITED

1st Defendant

KWOK SHU FAN

2nd Defendant

LUI MAN TAT

3rd Defendant

C & C GLOBAL PUBLISHING LIMITED

4th Defendant

Procedural Posture

Civil Contract/loan/guarantee / Summary Judgment Application (master in Chambers)

Legal Issues

  1. 1 Whether the plaintiff may enforce personal guarantees given by the 2nd and 3rd defendants
  2. 2 Whether the defendants have established triable issues to resist summary judgment
  3. 3 The extent of each defendant's liability under the guarantees

Ratio Decidendi

Defendants failed to establish any credible triable issue; the Agreement expressly granted the plaintiff the right to call the personal guarantees and specified each defendant's extent of liability; evidence confirmed the loan instalments were advanced; accordingly summary judgment was appropriate and the plaintiff is entitled to recover the specified sums, interest and costs from the 2nd and 3rd defendants.

Court Disposition

Summary judgment for plaintiff against the 2nd and 3rd defendants

Orders

  • 2nd Defendant to pay the Plaintiff HK$500,000 with interest at 12% per annum from 5 March 2008 to the date of writ.
  • 2nd Defendant to pay the Plaintiff HK$478,800 with interest at 12% per annum from 29 April 2008 to the date of writ.