12 Oct 1983
SECURITY PACIFIC CREDIT (HONG KONG) LTD v. WONG KWONG SHING AND ANOTHER
- Citation
- SECURITY PACIFIC CREDIT (HONG KONG) LTD v. WONG KWONG SHING AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA5868/1982
The defence of non est factum failed because the 2nd defendant, an experienced dealer, understood he was signing documents to enable business with the plaintiff, could have obtained translation or advice, and the plaintiff and dealer thereafter conducted substantial business under the Master Agreement showing mutual assent; the defendant did not adduce clear and positive evidence to establish non est factum, therefore the indemnity clause is enforceable against the 2nd defendant.