7 Aug 2001
Re: LAI YIN SHAN and EX PARTE: THE HONG KONG AND SHANGHAI BANKING CORPORATION LTD.
- Citation
- Re: LAI YIN SHAN and EX PARTE: THE HONG KONG AND SHANGHAI BANKING CORPORATION LTD.
- Court
- Court of First Instance
- Case number
- HCB992/2000
The court found that undue influence by the husband induced the respondent to sign the guarantees but held that the bank was not bound because there was neither agency by the husband nor actual or constructive notice to the bank; the company records showed the respondent had a substantial interest and active role, so the transaction was at least partly to her benefit and did not put the bank on inquiry, entitling the bank to the bankruptcy order.