3 Dec 1999
ING BANK N.V. v. TSUI TSIN TONG
- Citation
- ING BANK N.V. v. TSUI TSIN TONG
- Court
- Court of First Instance
- Case number
- HCCL305/1998
The Court held that the Defendant failed to establish any real triable issue. The Debt Rescheduling Deed contains an express waiver of defences which prevents the Defendant relying on asserted illegality or unenforceability of antecedent transactions; the statutory and gambling arguments were unsustainable on the facts; the remaining defences (uncertainty, duress, failure to mitigate, misrepresentation) were unprovable or late and did not amount to bona fide triable issues. Summary judgment was therefore entered for the Plaintiff for the sum claimed with interest and costs.