21 Apr 2023
FALCON INSURANCE CO (HONG KONG) LTD v. ISP HOLDINGS LTD (formerly known as SYNERGIS HOLDINGS LTD) AND ANOTHER
- Citation
- [2023] HKCFI 999
- Court
- Court of First Instance
- Case number
- HCA245/2022
The court held that, on the wording and commercial context of these counter‑indemnities, no broader implied term of rationality limiting the plaintiff's contractual rights under Clauses 4 and 5 was necessary or appropriate; Clauses 4 and 5 provided contractual rights to demand deposits which were validly triggered on the facts, and summary judgment for the plaintiff was therefore appropriate.