23 May 2003
BANK OF CHINA (HONG KONG) LTD v. SENLAVEER (PACIFIC) CO LTD AND OTHERS
- Citation
- BANK OF CHINA (HONG KONG) LTD v. SENLAVEER (PACIFIC) CO LTD AND OTHERS
- Court
- Court of Appeal
- Case number
- CACV283/2002
The facility letters were mere acknowledgements of the extent of banking facilities available and did not limit the 4th defendant's express personal covenant in the legal charges; there was no evidence of any collateral/composite agreement or bank knowledge to impose such a limit, no material variation or duty by the bank to discharge the securities without repayment, and no substantial miscarriage of justice to justify a retrial; appeal dismissed.