23 Nov 2009
HO KAN BAU AND ANOTHER v. YEUNG MAN LUNG, VINCENT
- Citation
- HO KAN BAU AND ANOTHER v. YEUNG MAN LUNG, VINCENT
- Court
- Court of First Instance
- Case number
- HCA789/2009
The Guarantee, by its wording and commercial context, made the defendant a primary obligor with an unconditional obligation to pay arrears, losses and costs; accordingly the defendant was precluded from relying on the tenant's cross-claim or equitable set-off to defeat the landlords' claims, summary judgment was appropriate for arrears and reinstatement expenses, interlocutory judgment was entered for legal costs to be assessed, and the defendant's application for a stay was dismissed.