11 Apr 2013
SUCCESS FOREVER ENTERPRISES LTD AND ANOTHER v. JUMBO UP GROUP LTD AND OTHERS
- Citation
- SUCCESS FOREVER ENTERPRISES LTD AND ANOTHER v. JUMBO UP GROUP LTD AND OTHERS
- Court
- Court of First Instance
- Case number
- HCA1189/2012
Defendants admitted breach and failed to particularise or produce evidence showing any triable issue; legal principles permit a mortgagee/chargee to pursue remedies and claim sums due without first surrendering or foreclosing security; guarantor liability is independent; absence of evidence that forfeiture was penal or unreasonable defeats that defence; accordingly summary judgment was appropriate and is granted on the pleaded claims.