15 Apr 2002
Given the judgment debt and statutory demand, the affidavit of continuing indebtedness, the debtor's indication that he would not contest the petition, and the inadequacy of the charged property's value due to prior charges, the court was justified in making a bankruptcy order against the debtor and awarding costs to the petitioner.
10 Apr 2001
On the balance of probabilities the court accepted the solicitors' clerk's evidence that the 2nd Defendant's name was inserted and that she signed as a guarantor; the subsequent typing of her name and addition to the list of guarantors were not material alterations and did not invalidate the deed; judgment entered for the Plaintiff against the 2nd Defendant with quantum to be assessed.
31 Mar 1999
The application to dismiss the action was refused because the plaintiff's claim was not plainly and obviously unsustainable on the pleadings, and it was inappropriate to decide contested triable issues on a strike‑out application; the Order 14A application was dismissed because the construction point is triable and had already been considered and declined by the prior judge, so it could not be re‑litigated; accordingly D2's application was dismissed and costs were ordered nisi against D2.
24 Feb 1987
Defendants failed to show any arguable defence: there was insufficient evidence that assets remained to support a suspensory estoppel; no evidence that the Hongkong & Shanghai Bank had actual or ostensible authority to bind the plaintiff to an agreement not to sue; the alleged representations by the plaintiff's branch manager were conditional and did not create a binding promise or equitable estoppel. Accordingly the appeal is dismissed and summary judgment upheld.
31 Jan 1986
The written guarantee of 3 February 1978 was unambiguous and covered all facilities; the defendants' claims of limitation to Home Ownership Schemes or of a condition precedent requiring five signatures were rejected on documentary evidence and credibility grounds, making the guarantees enforceable and entitling the bank to judgment for the indebtedness.