22 Dec 2017
PHILLIP SECURITIES (HONG KONG) LTD v. 3i CAPITAL GROUP CORP AND ANOTHER
- Citation
- PHILLIP SECURITIES (HONG KONG) LTD v. 3i CAPITAL GROUP CORP AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA1905/2014
No express contractual term arose from Section H; there was no credible evidence of any communicated "real demand" or of any practice giving rise to the alleged implied terms; the express Securities Client Agreement bound the defendants and permitted the plaintiff to treat non‑payment as default and to sell shares and recover the shortfall; therefore plaintiff's claim for outstanding sums with interest succeeds and defendants' defences and counterclaim fail.