Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Election (of remedies)
  • 15 Sept 1983

    LLOYDS BANK INTERNATONAL LTD AND ANOTHER v. DERICOURT INVESTMENTS LTD AND OTHERS

    Citation
    LLOYDS BANK INTERNATONAL LTD AND ANOTHER v. DERICOURT INVESTMENTS LTD AND OTHERS
    Court
    Court of First Instance
    Case number
    HCA4313/1983

    Facility Letters were to be construed as granting term loans subject to a reserved right to reduce or withdraw at lender's discretion such that loans could be called in on demand after review dates; no implication of terms preventing calls or giving borrowers a right to repayment only upon project success; earlier fraud proceedings did not constitute an irrevocable election to repudiate; triable issues existed concerning the Paliburg share transactions and consideration for certain guarantees; summary judgment awarded where no triable issue and leave to defend granted where genuine issues rai…