12 Oct 2006
JIANGSU GOLDEN CIVIL BUILDING GROUP (HONG KONG) CO LTD v. CHAU WA KIN
- Citation
- JIANGSU GOLDEN CIVIL BUILDING GROUP (HONG KONG) CO LTD v. CHAU WA KIN
- Court
- Court of First Instance
- Case number
- HCA3121/2002
The September Repayment Agreement was genuine and the Undated Document was a fabrication; the September Repayment Agreement materially varied and increased the guarantor's risk (including liability for subcontract receivables) and the plaintiff failed to prove the defendant's informed consent to that variation; clause 8 did not operate to contract out the surety from protection under Holmes v Brunskill; therefore the guarantee was discharged and the plaintiff's claim fails.