27 Apr 1998
BANK OF INDIA v. GOBINDRAM NARAINDAS SADHWANI VINOO GOBINDRAM SADHWANI
- Citation
- BANK OF INDIA v. GOBINDRAM NARAINDAS SADHWANI VINOO GOBINDRAM SADHWANI
- Court
- Court of First Instance
- Case number
- HCA4939/1982
The guarantee's proper law is Japanese (closest and most real connection). Applying Japanese law, the Bank's conduct — agreeing to dispense with the Hong Kong guarantors by communicating release through the Osaka agent, lifting provisional attachment and entering the 1982 Agreement that deferred/enabled realisation of principal-debtor assets — breached principles of good faith and constituted abuse of rights; the Bank's claim is therefore not enforceable. Because applying Japanese law requires a large judicial discretion, the court declines to exercise jurisdiction to apply Japanese law and d…