Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Bank discretion and good faith
  • 22 Oct 2015

    NATAMON PROTPAKORN v. CITIBANK, N.A.

    Citation
    NATAMON PROTPAKORN v. CITIBANK, N.A.
    Court
    Court of Appeal
    Case number
    CACV163/2013

    The oral discussions in 2001 and July 2004 did not vary or supersede the written FX Agreement; the bank validly relied on clause II.7.01(g) to terminate and close out the plaintiff's accounts, having exercised its discretion honestly and in good faith in light of legitimate concerns and trading exposure; accordingly claims for breach, misrepresentation and estoppel failed and the appeal was dismissed with costs.

    • Termination clause
    • Variation of contract
    • Authority of agents
    • Bank discretion and good faith
    • Foreign exchange rollovers
    • Misrepresentation