14 Apr 2009
WING LUNG FINANCE LTD v. CHENG HO YIN AND OTHERS
- Citation
- WING LUNG FINANCE LTD v. CHENG HO YIN AND OTHERS
- Court
- Court of First Instance
- Case number
- HCA1494/2008
The 1st defendant's evidence was not credible or reliable and did not establish actual undue influence; on the facts the guarantee was explicable by ordinary motives (family company, defendant's employment and benefits from company continuing), the plaintiff was not put on inquiry and had grounds to treat the transaction as not obviously disadvantageous; accordingly the defendant failed to raise a triable case to defeat summary judgment. Leave to defend was nonetheless granted conditionally to allow limited further evidence on means before conditions are fixed.