8 Apr 1997
DINERS CLUB INTERNATIONAL (HONG KONG) LTD v. NG KOON CHIANG AND ANOTHER
- Citation
- DINERS CLUB INTERNATIONAL (HONG KONG) LTD v. NG KOON CHIANG AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA8539/1995
The court rejected the non est factum/misrepresentation defence because the second defendant was an experienced businessman, not misled by the plaintiff or its agent, and failed to take reasonable steps to inform himself; however the court could not grant summary judgment because a determinative issue remained as to what sums were debited to the plaintiff (which the guarantee covers) versus sums debited to the cardholder's account, and further evidence/argument was required on that point and on the potential effect of variations in the underlying agreement.