Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Article 448 japanese civil code
  • 27 Apr 1998

    BANK OF INDIA v. GOBINDRAM NARAINDAS SADHWANI VINOO GOBINDRAM SADHWANI

    Citation
    BANK OF INDIA v. GOBINDRAM NARAINDAS SADHWANI VINOO GOBINDRAM SADHWANI
    Court
    Court of First Instance
    Case number
    HCA4939/1982

    The guarantee's proper law is Japanese (closest and most real connection). Applying Japanese law, the Bank's conduct — agreeing to dispense with the Hong Kong guarantors by communicating release through the Osaka agent, lifting provisional attachment and entering the 1982 Agreement that deferred/enabled realisation of principal-debtor assets — breached principles of good faith and constituted abuse of rights; the Bank's claim is therefore not enforceable. Because applying Japanese law requires a large judicial discretion, the court declines to exercise jurisdiction to apply Japanese law and d…