Hong Kong Case Law: Decisions & Judgments

Topic

Deed of guarantee

Legal area

Court

27 Apr 2026

RE CHAN CHIU SUM ROYDEN

Citation

[2026] HKCFI 2255
Court

Court of First Instance
Case number

HCB6450/2025

The Debtor's defence that the Facility contravened the Money Lenders Ordinance was unarguable and frivolous; given the risk of insolvency affecting third parties and absence of any genuine dispute on indebtedness, the court exercised its discretion not to hold the parties to the exclusive jurisdiction clause and granted the usual bankruptcy orders against the Debtor and the co-guarantor, with costs to be paid out of the Debtor's estate.
11 Jun 2024

RE TAM KWOK HUNG JOHNSON

Citation

[2024] HKCFI 1573
Court

Court of First Instance
Case number

HCB5483/2023

Debtor failed to comply with the statutory demand and did not set aside the default judgment; he did not adduce credible, precise evidence of a bona fide dispute on substantial grounds regarding the judgment debt (unsigned settlement and alleged oral agreement unsupported; no evidence shares were security); therefore the judgment stands as prima facie proof of indebtedness and a bankruptcy order is appropriate.
10 Jul 2023

FINEDALE INDUSTRIES LTD v. ONG BAN SENG

Citation

[2023] HKCFI 1952
Court

Court of First Instance
Case number

HCA1350/2021

The Deed of Guarantee was validly signed, sealed and delivered and is enforceable against the defendant; the tenancy terminated on re-entry by the landlord on 26 March 2021; the defendant is liable under the Deed for unpaid sums and loss for the remainder of the term; the adjournment was refused because the defendant produced no medical evidence and failed to show exceptional circumstances; admitted late documents did not prejudice the defendant.
31 Jan 2023

RE LAM CHUNG HO ALASTAIR

Citation

[2023] HKCFI 260
Court

Court of First Instance
Case number

HCB3766/2021

The court concluded there was insufficient and non‑credible evidence that the Petitioner accepted the alleged Priority Arrangement or made contemporaneous assurances that would displace the Debtor's contractual liability under the Guarantee; the securities representations originated between the Debtor and Kwan and were not binding on the Petitioner. Therefore no bona fide dispute existed and the Petitioner was entitled to adjudication of the Debtor as bankrupt.
16 Mar 2021

LAI FUNG LIN v. SADDIQ ENVIRONMENTAL SOLUTIONS (HONG KONG LTD) AND ANOTHER

Citation

[2021] HKCFI 698
Court

Court of First Instance
Case number

HCA2224/2019

The 2nd defendant admitted the documents were signed in his pleaded defence; his subsequent assertion of a later signing was unsupported, contradicted by his earlier pleadings and the signed Guarantee, and the witness's later signature does not invalidate the deed; statutory formalities were satisfied and consideration was unnecessary, therefore no triable issue existed and the appeal was dismissed and summary judgment affirmed.
19 Jun 2020

LINK WIDE INTERNATIONAL INVESTMENT (HONG KONG) LTD v. SUN STEEL (HK) CO LTD AND ANOTHER

Citation

[2020] HKDC 429
Court

District Court
Case number

DCCJ2008/2019

The defendants failed to adduce credible or contemporaneous evidence to prove the alleged March/April and February oral agreements or animus contrahendi; their case was inherently implausible and contradicted by documents; accordingly they did not satisfy the burden to show a bona fide defence and summary judgment was properly entered for the plaintiff for the claimed sum with interest and costs.
31 Aug 2018

HAI KUO SHIPPING 1201 LTD v. EVERWIN SHIPPING (HONG KONG) CO LTD AND OTHERS

Citation

[2018] HKCFI 1906
Court

Court of First Instance
Case number

HCAJ79/2014

Plaintiff proved contractual entitlement to the termination amount and related sums under the charterparty, Memorandum of Agreement and Deed of Guarantee; in the absence of defence the court entered judgment for the Plaintiff for US$8,262,950.93 with interest and costs, but limited the 2nd Defendant's liability for interest to prime +1% p.a. until judgment and for costs to party-and-party assessment given the Agreement did not unequivocally provide for higher obligations.
10 Jul 2018

KONEW CAPITAL INTERNATIONAL LTD 對 WONG MEI LING及另一人

Citation

[2018] HKDC 801
Court

District Court
Case number

DCMP816/2017

The plaintiff proved the loan, mortgage and guarantee; the defendants raised no reasonable defence; accordingly the court entered judgment for the plaintiff for the outstanding debt with contractual interest (39.6% p.a.) recoverable post‑judgment and ordered the defendants to pay the plaintiff's costs on an indemnity basis, with the plaintiff to submit a draft order.
29 May 2018

RE LAM KA YUK, JAMES

Citation

[2018] HKCFI 1182
Court

Court of First Instance
Case number

HCB5246/2016

The court held the Sum was not a liquidated sum under s6(2)(b) because RMB60,000,000 was only the minimum possible consideration and the parties had not agreed the exact quantum; therefore no definite indebtedness existed and the creditor's certificates were manifestly incorrect and not conclusive; accordingly the petition was dismissed.
24 Jan 2014

CATHERWOOD LTD v. FENG JIN LIANG

Citation

CATHERWOOD LTD v. FENG JIN LIANG
Court

Court of Appeal
Case number

CACV79/2013

The Court held the defendant's assertion of an Oral Agreement was not believable on the facts and in light of contemporaneous documents and the terms of the written agreements; there was no credible or documentary support for the alleged arrangement and the written loan agreement was inconsistent with the alleged oral term that the loan would automatically become the plaintiff's investment, thus no triable issue existed and summary judgment was properly entered.