10 Feb 2015
張月清 v. TSUI YIU HEI
- Citation
- 張月清 v. TSUI YIU HEI
- Court
- Court of First Instance
- Case number
- HCMP40/2013
The court held there was no arguable triable defence: the Guarantee was not invalid for lack of consideration given the contemporaneous transactions and the parties' arrangements; the Share Mortgage, executed as a deed and understood as a subsequently executed security, was valid and binding; allegations of misrepresentation or non‑explanation were implausible and inconsistent and did not vitiate the documents. Accordingly the originating summons was decided in favour of the plaintiff and the declaratory and injunctive relief sought was granted without a trial.