Hong Kong Case Law: Decisions & Judgments

Topic

Setting aside default judgment (r.s.c. o.13 r.9)

Legal area

Court

15 Sept 1983

LLOYDS BANK INTERNATONAL LTD AND ANOTHER v. DERICOURT INVESTMENTS LTD AND OTHERS

Citation

LLOYDS BANK INTERNATONAL LTD AND ANOTHER v. DERICOURT INVESTMENTS LTD AND OTHERS
Court

Court of First Instance
Case number

HCA6510/1983

Facility Letters construed as term loan offers subject to an express lender reservation allowing reduction or withdrawal and to review dates after which loans could be called in; no implied term precluding demand or requiring notice inconsistent with express terms; plaintiffs' earlier fraud pleadings did not amount to an unequivocal election to repudiate the loan contracts; triable issues exist as to loans used to buy Paliburg shares and as to consideration for guarantees; where no triable issue exists the plaintiffs are entitled to summary judgment for principal sums and where triable issues…
15 Sept 1983

LLOYDS BANK INTERNATONAL LTD AND ANOTHER v. DERICOURT INVESTMENTS LTD AND OTHERS

Citation

LLOYDS BANK INTERNATONAL LTD AND ANOTHER v. DERICOURT INVESTMENTS LTD AND OTHERS
Court

Court of First Instance
Case number

HCA4308/1983

Facility Letters construed to permit the lenders at their sole discretion to reduce or withdraw facilities and to call loans after the review dates (loans effectively became repayable on demand after review); no implied term prevented the plaintiffs calling the loans or required notice; the earlier tort pleadings did not constitute an election to repudiate the loan contracts; triable issues existed concerning the Paliburg share transactions and consideration for guarantees; summary judgment was therefore appropriate for principal sums in numerous actions while unconditional leave to defend wa…
15 Sept 1983

LLOYDS BANK INTERNATONAL LTD AND ANOTHER v. DERICOURT INVESTMENTS LTD AND OTHERS

Citation

LLOYDS BANK INTERNATONAL LTD AND ANOTHER v. DERICOURT INVESTMENTS LTD AND OTHERS
Court

Court of First Instance
Case number

HCA4306/1983

Facility Letters construed as term loans subject to the lenders' reserved right to reduce or withdraw and to call in the loan after the review date; no implied term prevented calling for repayment or required notice; plaintiffs' earlier fraud claims did not constitute an irrevocable election to repudiate the loan contracts; triable issues exist as to loans made for acquisition of Paliburg shares and as to consideration for guarantees, so unconditional leave to defend must be given in those actions; where no triable issue exists summary judgment for principal sums should be entered and certain…

Hong Kong Case Law

LLOYDS BANK INTERNATONAL LTD AND ANOTHER v. DERICOURT INVESTMENTS LTD AND OTHERS

LLOYDS BANK INTERNATONAL LTD AND ANOTHER v. DERICOURT INVESTMENTS LTD AND OTHERS

LLOYDS BANK INTERNATONAL LTD AND ANOTHER v. DERICOURT INVESTMENTS LTD AND OTHERS