30 Nov 2000
LAI SIN TONG THOMAS v. TRILEASE INTERNATIONAL LTD. AND ANOTHER
- Citation
- LAI SIN TONG THOMAS v. TRILEASE INTERNATIONAL LTD. AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA9069/1999
No implied term existed that Trilease must repossess or otherwise realise the leased machinery before calling on the guarantor; the continuing guarantee expressly allowed Trilease to pursue guarantors without first enforcing remedies against the lessee; the leased machinery remained the lessor's property and was not security to be protected for the guarantor; accordingly Trilease owed no contractual or equitable duty to Mr Lai to preserve or recover the machinery before enforcing the guarantee; the cheque of HK$248,394.72 was a gesture of goodwill/part payment and Trilease was entitled to app…