Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Interpretation of bond
  • 20 Sept 1999

    NISHIMATSU CONSTRUCTION CO. LTD. v. AMERICAN HOME ASSURANCE CO.

    Citation
    NISHIMATSU CONSTRUCTION CO. LTD. v. AMERICAN HOME ASSURANCE CO.
    Court
    Court of First Instance
    Case number
    HCA10416/1999

    Clause 2 of the bond, which required payment upon a written demand 'without proof of the said default or conditions', only required a written statement that the subcontractor was in default and identification of an amount not exceeding the bonded sum; the 2 June 1999 demand satisfied those requirements and therefore triggered the bondsman's liability, entitling the plaintiff to summary judgment.