14 Jan 2004
NANYANG COMMERCIAL BANK LTD v. SANKO TECHNOLOGY LTD AND OTHERS
- Citation
- NANYANG COMMERCIAL BANK LTD v. SANKO TECHNOLOGY LTD AND OTHERS
- Court
- Court of First Instance
- Case number
- HCA5407/2001
The Deed of Guarantee and Charge on Deposit unambiguously created continuing joint and several liability and an express right of set-off and variation; contemporaneous documents and conduct established the guarantor knew and accepted the ongoing obligations; the pleaded defences (variation, misrepresentation, settlement, release of funds, full payment) failed on the evidence; the alleged misrepresentations were not proven; accordingly plaintiff entitled to judgment for the debt and the counterclaim dismissed.