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Hong Kong decisions
Decisions matching the current search
The District Court enforced continuing guarantees against two individual defendants, rejecting misrepresentation, undue influence, non est factum and rescission defences.
District Court judgment on a loan recovery claim, addressing whether transfers to the defendant were personal loans or partly company start-up capital.
The court held that the defendant owed HK$1,524,700 and rejected his claim that the entire debt was waived in a 13 October 2005 package arrangement.
The Court found the defendants knew they were signing guarantees, upheld the Bank’s securities account and share-settlement position, and entered judgment for specified sums.
高等法院原訟法庭在合併審訊中處理銀行貸款、擔保、押記及配股爭議，裁定多名被告須向銀行負款，並駁回部分反申索。
The Court of First Instance allowed a bank’s summary judgment appeal in part, rejected belated oral agreement defences, and granted partial judgment against the 1st and 2nd Defendants.
The court refused to stay or adjourn a winding-up petition, holding that a dispute over the sale price of charged land did not displace the debt or show ability to pay.
The court applied the slip rule to correct an earlier omission, allowed the appeal, and entered judgment for the plaintiff on liability, leaving quantum to be worked out or agreed.
The court held there was no proved agreement on a completion date or HK$1,000-per-day liquidated damages, and entered judgment for the plaintiff.
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