17 Sept 1999
YELSEN FINANCE HOLDINGS LTD. v. CHAN MEI SUEN
- Citation
- YELSEN FINANCE HOLDINGS LTD. v. CHAN MEI SUEN
- Court
- Court of Appeal
- Case number
- CACV170/1999
The Court of Appeal upheld the trial judge's adverse credibility findings against the plaintiff's manager, concluded there was non-compliance with s.18 (and related s.20 issues), and affirmed the exercise of the s.18(3) discretion to decline enforcement because, on the proved facts and the judge's assessment of credibility and conduct (including the harsh interest and the lender's conduct), it would be inequitable to enforce the guarantee; appellate court would not disturb those findings or the exercise of discretion.