Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Scope of guarantee

Legal area

Court

16 Oct 2012

DBS BANK (HONG KONG) LTD v. DAYARAM NANIK

Citation

DBS BANK (HONG KONG) LTD v. DAYARAM NANIK
Court

Court of First Instance
Case number

HCA82/2012

The Guarantees were continuing and, by their terms and the contemporaneous acknowledgements and conduct (including clause 6 and clause 5), covered facilities granted after the initial facility letter; defendants failed to adduce credible evidence of a triable defence on the pleaded grounds, so summary judgment was properly entered for the Bank and ND remains liable.
8 Apr 1997

DINERS CLUB INTERNATIONAL (HONG KONG) LTD v. NG KOON CHIANG AND ANOTHER

Citation

DINERS CLUB INTERNATIONAL (HONG KONG) LTD v. NG KOON CHIANG AND ANOTHER
Court

Court of First Instance
Case number

HCA8539/1995

The court rejected the non est factum/misrepresentation defence because the second defendant was an experienced businessman, not misled by the plaintiff or its agent, and failed to take reasonable steps to inform himself; however the court could not grant summary judgment because a determinative issue remained as to what sums were debited to the plaintiff (which the guarantee covers) versus sums debited to the cardholder's account, and further evidence/argument was required on that point and on the potential effect of variations in the underlying agreement.