HON HAI PRECISION INDUSTRY CO LTD v. BESTRONICS (INTERNATIONAL) CO LTD AND ANOTHER

HON HAI PRECISION INDUSTRY CO LTD v. BESTRONICS (INTERNATIONAL) CO LTD AND ANOTHER

Defendant failed to demonstrate any bona fide triable issue on the merits regarding the bulk of the invoiced claims; summary judgment is appropriate. The 2nd defendant's factual account did not establish that he signed only conditionally on a co-surety signing or that he would be discharged; he is bound as guarantor for obligations under the Distributor Agreement from the effective date specified, subject to the temporal limitation agreed in the agreement.

Citation
HON HAI PRECISION INDUSTRY CO LTD v. BESTRONICS (INTERNATIONAL) CO LTD AND ANOTHER
Parties
Plaintiff: Plaintiff; 1st Defendant: Bestronics (International) Co. Limited; 2nd Defendant: Chiu Chi Sing
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 December 2006
Case Number
HCA206/2006
Procedural Posture
Contract Dispute for Unpaid Invoices and Guarantee / Summary Judgment Application (order 14) in the High Court, Court of First Instance
Outcome
Summary judgment entered for the plaintiff against the 1st defendant for the amount claimed in the Statement of Claim; summary judgment/conditional leave issues as to the 2nd defendant resolved so that the 2nd defendant is liable as guarantor for the reduced sum specified.
Legal Topics
Summary Judgment, Guarantor Liability, Set Off, Documentary Evidence, Interest, Costs, Allegation of Forgery Withdrawn
Source Language
EN
Contract Guarantee Civil Procedure Commercial Law Evidence Summary Judgment Guarantor Liability Set Off +4 more

Case Brief

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Parties

Plaintiff

Plaintiff

Bestronics (International) Co. Limited

1st Defendant

Chiu Chi Sing

2nd Defendant

Procedural Posture

Contract Dispute for Unpaid Invoices and Guarantee / Summary Judgment Application (order 14) in the High Court, Court of First Instance

Legal Issues

  1. 1 Whether the 1st defendant has raised a triable issue to resist summary judgment on unpaid invoices
  2. 2 Whether the 2nd defendant is bound as guarantor where an anticipated co-surety (parent company) did not sign
  3. 3 Whether interest and costs should be awarded and at what rate

Ratio Decidendi

Defendant failed to demonstrate any bona fide triable issue on the merits regarding the bulk of the invoiced claims; summary judgment is appropriate. The 2nd defendant's factual account did not establish that he signed only conditionally on a co-surety signing or that he would be discharged; he is bound as guarantor for obligations under the Distributor Agreement from the effective date specified, subject to the temporal limitation agreed in the agreement.

Court Disposition

Summary judgment entered for the plaintiff against the 1st defendant for the amount claimed in the Statement of Claim; summary judgment/conditional leave issues as to the 2nd defendant resolved so that the 2nd defendant is liable as guarantor for the reduced sum specified.

Orders

  • Summary judgment entered for plaintiff against 1st defendant for amount claimed in Statement of Claim
  • Summary judgment/entry against 2nd defendant as guarantor for liabilities on and after 1 April 2003 limited to HK$30,614,696.81