10 Nov 2009
BANK OF CHINA (HONG KONG) LTD v. EVER PEACE INTERNATIONAL LTD AND OTHERS
- Citation
- BANK OF CHINA (HONG KONG) LTD v. EVER PEACE INTERNATIONAL LTD AND OTHERS
- Court
- Court of First Instance
- Case number
- HCMP24/2008
The court found the bank had established a prima facie case, contemporaneous documents and an exhibited rate-change notice contradicted the defendants' account and showed the bank had authority to debit the account and to notify interest changes under express Facility Letter clauses; the defendants' allegations were not credible or triable, so the prevention principle did not apply and the bank proved the outstanding sum claimed.