Hong Kong Case Law: Decisions & Judgments

Topic

Demand requirement

Legal area

Court

30 Jul 2025

RE LI YONGHONG

Citation

[2025] HKCFI 3307
Court

Court of First Instance
Case number

HCB874/2025

The Debtor failed to establish a bona fide dispute on substantial grounds. The 'no valid demand' point was not pleaded and in any event lacked merit because the Guarantee operated as a principal debtor clause dispensing with a demand or, alternatively, the statutory demand served on 18 October 2024 constituted a valid demand. The disputes on quantum (interest calculation, financing fees, alleged set-off) did not demonstrate injustice because even accepting the Debtor's contentions the undisputed liability remained substantial (approximately US$165.8 million) and the Debtor made no payments or…
6 Aug 2004

HANG SENG BANK LTD v. GOLDEN TECH (ASIA) LTD AND OTHERS

Citation

HANG SENG BANK LTD v. GOLDEN TECH (ASIA) LTD AND OTHERS
Court

Court of First Instance
Case number

HCA193/2003

The judge held there was no evidence the change to the signature mandate was a material variation of the principal contract that would discharge the surety; the termination notice was ineffective because the guarantee required notice by all guarantors and the unilateral notice by the 3rd defendant did not suffice; a demand was made within the three month period (18 September 2001) and thus the plaintiff retained the right to call on the guarantor; no triable issues arose on the amount or other matters, so summary judgment was appropriate for the plaintiff.
20 Jul 1973

THE CANTON TRUST & COMMERCIAL BANK LTD v. YUEN CHEN KOO AND OTHERS

Citation

THE CANTON TRUST & COMMERCIAL BANK LTD v. YUEN CHEN KOO AND OTHERS
Court

Court of First Instance
Case number

HCA991/1971

The continuing guarantee here applied to the balance as constituted; limitation therefore ran from the date a balance was constituted (on the facts, before early April 1965) so the plaintiff's claim for the principal $38,000 is statute barred, but under Parr's Case the plaintiff is entitled to recover interest and banking charges on the guaranteed sum that accrued within six years before commencement of the action.

Hong Kong Case Law

RE LI YONGHONG

HANG SENG BANK LTD v. GOLDEN TECH (ASIA) LTD AND OTHERS

THE CANTON TRUST & COMMERCIAL BANK LTD v. YUEN CHEN KOO AND OTHERS