Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Collateral guarantee

Legal area

Court

7 Jul 2006

BRILLIANT (MAN SAU) ENGINEERING LTD v. PROSPERITY CONSTRUCTION AND DECORATION LTD AND ANOTHER

Citation

BRILLIANT (MAN SAU) ENGINEERING LTD v. PROSPERITY CONSTRUCTION AND DECORATION LTD AND ANOTHER
Court

Court of First Instance
Case number

HCCT38/2004

Plaintiff failed to prove on the balance of probabilities the existence of the alleged Oral Agreement, the New Arrangement and the Collateral Guarantee; documentary evidence and credible witness testimony refuted plaintiff's case; therefore plaintiff has no cause of action against the 2nd defendant and the claim is dismissed.
17 Nov 2004

BRILLIANT (MAN SAU) ENGINEERING LTD v. PROSPERITY CONSTRUCTION AND DECORATION LIMITED AND ANOTHER

Citation

BRILLIANT (MAN SAU) ENGINEERING LTD v. PROSPERITY CONSTRUCTION AND DECORATION LIMITED AND ANOTHER
Court

Court of First Instance
Case number

HCCT38/2004

The Letter on its true construction is a sub-contract and not an assignment; even if it could be read as an assignment the SSC expressly prohibited assignment so any assignment would be ineffective; Master Wong's prior determination that the Letter was a sub-contract is binding and precludes Brilliant from relitigating that issue; the pleaded new oral causes are inadequately particularised and allegations in respect of Sum B are barred by issue estoppel, therefore the parts of the RASOC based on assignment and specified paragraphs must be struck out and the amendment application dismissed wit…