3 May 2000
BANK OF COMMUNICATIONS, HONG KONG BRANCH v. YENWIN INVESTMENTS LTD. AND OTHERS
- Citation
- BANK OF COMMUNICATIONS, HONG KONG BRANCH v. YENWIN INVESTMENTS LTD. AND OTHERS
- Court
- Court of First Instance
- Case number
- HCA6014/1999
The court found the 3rd defendant's defences (denial of signature/knowledge and non-receipt of demand) incredible and unsupported; the facility letter expressly required personal guarantees, signatures and execution circumstances supported the bank's case, and established authorities bar the non-factum plea in these facts. Therefore the Guarantee was validly executed and enforceable against the 3rd defendant; the master's judgment is upheld as to principal while interest is to be assessed.