19 Jul 2005
BANK OF CHINA (HONG KONG) LTD v. CHAN TIN CHI AND OTHERS
- Citation
- BANK OF CHINA (HONG KONG) LTD v. CHAN TIN CHI AND OTHERS
- Court
- Court of First Instance
- Case number
- HCA4215/2003
The court accepted the bank's documentary and oral evidence that the 3rd Defendant executed the two guarantees and that the principal debtor owed the stated sums; the pleaded and late unpleaded defences were dismissed as unsubstantiated or legally ineffective (no misrepresentation pleaded, replacement guarantor does not discharge liability absent agreement, and the all‑monies mortgage permitted application of sale proceeds); accordingly the 3rd Defendant was liable under the guarantees for the total sum claimed, plus interest and costs.