25 Oct 2004
SUN FOOK KONG (CIVIL) LTD v. WELLEAD CONSTRUCTION AND ENGINEERING CO LTD AND ANOTHER
- Citation
- SUN FOOK KONG (CIVIL) LTD v. WELLEAD CONSTRUCTION AND ENGINEERING CO LTD AND ANOTHER
- Court
- District Court
- Case number
- DCCJ1354/2004
Clause 6 of the loan agreements operated as an appropriation clause; the payment certificates issued under the Tung Chung subcontract gave rise to a payment under that subcontract and were not subject to set-off under that subcontract, accordingly the payment certificates discharged the two loans and the guarantor was not liable.