17 Sept 2013
DBS BANK (HONG KONG) LTD v. DAYARAM NANIK
- Citation
- DBS BANK (HONG KONG) LTD v. DAYARAM NANIK
- Court
- Court of Appeal
- Case number
- CACV240/2012
The guarantee's clear and wide terms, including express provisions that it is continuing and covers additional or new facilities (notably Clause 6(v) and the definition of facility), demonstrated that it extended to subsequent and superseding facilities; there was no evidence to show the parties intended a narrower scope, so summary judgment was properly entered and costs awarded on the indemnity basis where contractually provided.