Hong Kong Case Law: Decisions & Judgments

Topic

Summary judgment (r.s.c. o.14)

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

HCA6516/1983

The Facility Letters were construed as offering term loans but reserving to the bank the right at its sole discretion to reduce, withdraw or call the facility such that loans could be called after the review date and in many cases became repayable on demand; implied terms contended for were inconsistent with express terms and did not raise triable issues; the earlier fraud action did not constitute an irrevocable election repudiating the loan contracts; however triable issues existed as to loans used to acquire Paliburg shares and as to consideration supporting certain guarantees, requiring u…
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

HCA4318/1983

The Facility Letters, properly construed, reserved to the bank the right to reduce or withdraw facilities and to call loans (loans could be called in on demand after review dates); the bank's earlier tort pleadings did not amount to an irrevocable election to repudiate the loan contracts; triable issues exist in respect of loans made to purchase Paliburg shares and as to consideration for various guarantees; where no triable issue exists the court will grant summary judgment and will not grant leave to defend merely because of publicity or asserted harsh conduct.
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

HCA4316/1983

The Facility Letters, construed commercially and contra proferentem, reserved to the lenders the right to reduce or withdraw facilities and to call loans (they became callable/overdrafts after review dates); the implied terms contended by defendants were inconsistent with the express terms and not necessary for business efficacy; the earlier fraud action did not constitute an election to repudiate the loan contracts; triable issues exist concerning loans made for Paliburg share purchases and consideration for guarantees, therefore summary judgment was refused in those matters; where no triabl…
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

HCA4487/1983

Facility Letters were construed to give the bank a continuing discretion to reduce or withdraw facilities and to call loans (they could become overdrafts payable on demand); no implied term prevented the bank calling loans without further notice nor that repayment depended on project success; the earlier tort pleadings did not amount to an election repudiating the loan contracts; triable issues existed in relation to loans connected to the Paliburg share transactions and as to consideration for guarantees in several actions; where no triable issue arose the court granted summary judgment for…
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

HCA4307/1983

The Facility Letters, construed in their commercial context and contra proferentem, reserved to the lenders a discretion to reduce or withdraw facilities and to call loans on demand after the review dates; no triable issues arose from the express terms or the proposed implied terms or from the plea of election, but triable issues did arise concerning loans made to purchase Paliburg shares and concerning consideration supporting certain guarantees; accordingly summary judgment was entered for plaintiffs for principal sums in specified actions where no triable issue existed and unconditional le…
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

HCA4321/1983

The Facility Letters were construed to permit the bank to call in or reduce facilities (loans were effectively callable on demand after review dates); no implied term prevented recall or required notice; the earlier fraud action did not constitute an irrevocable election to repudiate the loan contracts; triable issues existed as to certain alleged Paliburg share-purchase agreements and as to consideration for several guarantees; accordingly summary judgment granted for principal sums in a number of actions while unconditional leave to defend was ordered where triable issues were identified an…
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

HCA4305/1983

The Facility Letters, construed commercially, permitted the lenders to reduce or withdraw facilities and to call loans after review dates; no implied term prevented call-in without notice; the plaintiffs' earlier fraud action did not amount to an irrevocable election to repudiate the loans; however triable issues exist as to loans advanced for purchase of Paliburg shares and as to consideration for guarantees, therefore summary judgment is appropriate in those actions where no triable issue arises and unconditional leave to defend must be given where triable issues exist.
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

HCA4319/1983

On construction the Facility Letters created loans subject to the lenders' reserved right at the review date to reduce or withdraw the facility so loans became repayable on demand after review; no implied contractual term prevented such demands or required notice; the plaintiffs' earlier tort pleadings did not amount to an election repudiating the loans; triable issues existed only in relation to loans alleged to be for Paliburg share purchases and to consideration for certain guarantees, and accordingly summary judgment was entered for plaintiffs in specified actions while unconditional leav…
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

HCA4311/1983

On construction and implication of the Facility Letters the bank retained the right to reduce or withdraw facilities and to call loans after the review dates; many defendants failed to raise triable issues on express or implied terms or election, so summary judgment was appropriate for principal sums in numerous actions; triable issues were established concerning loans used to acquire Paliburg shares and as to consideration for certain guarantees, entitling those defendants to unconditional leave to defend.
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

HCA4327/1983

Facility Letters reserved the lenders a discretion to reduce, withdraw or call in facilities and the review date did not create an absolute obligation to maintain the loan for a fixed term; no implied terms prevented the lenders calling the loans or required notice; pleading of tort claims in earlier proceedings did not amount to an irrevocable election to repudiate the loan contracts; triable issues existed concerning Paliburg share-purchase arrangements and consideration for certain guarantees; where no triable issue was raised plaintiffs were entitled to summary judgment for principal sums…