20 Sept 2023
GUANGZHOU FINANCE COMPANY LTD v. CHUNG KIN HOLDINGS COMPANY LTD AND OTHERS
- Citation
- [2023] HKCFI 2398
- Court
- Court of First Instance
- Case number
- HCA2815/2016
The court held the consolidated indebtedness was a debt/liquidated claim and that the 15 March 2011 written confirmation, together with the application of the balance of the set-aside sum (effectively booked as part payment on 1 April 2011), constituted a written acknowledgement and part payment sufficient to restart limitation under s23(3) as against the first defendant; the 28 October 2010 letter was equivocal and did not suffice; the 1998 Agreement was frustrated so the 1998 Guarantee did not render the guarantors liable and in any event claims under the guarantees were time-barred or disc…