Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Agency by inference

Legal area

Court

2 Sept 2016

K & L GATES v. NAVIN KUMAR AGGARWAL AND OTHERS

Citation

K & L GATES v. NAVIN KUMAR AGGARWAL AND OTHERS
Court

Court of First Instance
Case number

HCMP1749/2016

The application for leave to appeal was dismissed because the intended appeal had no reasonable prospect of success: the judge applied the correct approach, it was not plain and obvious that no inference of agency could be drawn at trial from the pleaded particulars, and there was no arguable basis to disturb the judge's exercise of discretion; the 2nd defendant must pay the plaintiff's costs fixed at $100,000.
26 Feb 1986

CARRIER HONG KONG LIMITED FORMERLY KNOWN AS CARICOR (HK) LIMITED v. MONARCH ENGINEERING LIMITED AND OTHERS

Citation

CARRIER HONG KONG LIMITED FORMERLY KNOWN AS CARICOR (HK) LIMITED v. MONARCH ENGINEERING LIMITED AND OTHERS
Court

Court of First Instance
Case number

HCA858/1984

The covering letter (A20) did not modify, qualify or prevent formation of the signed guarantee (A21); the guarantee was returned signed and accepted by the Plaintiff, creating a binding, irrevocable guarantee. The 3rd Defendant is therefore liable under the guarantee for the net sum due. Estoppel was unnecessary to found liability and, on the facts, could not be sustained because there was no mutual assumption that defeated the guarantee.