31 Jul 2012
ZHUHAI INTERNATIONAL CONTAINER TERMINALS (JIUZHOU) LTD v. LO TONG HOI AND ANOTHER
- Citation
- ZHUHAI INTERNATIONAL CONTAINER TERMINALS (JIUZHOU) LTD v. LO TONG HOI AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACV181/2011
The Court of Appeal upheld the trial judge's construction that 'the Agreement' in the 2000 Personal Guarantee referred to the specific 2000 Tariff Agreement attached to the draft guarantee and not to a continuing or general agreement; accordingly the 2000 Personal Guarantee did not operate as an open-ended continuing guarantee covering subsequent tariff agreements. Post-contractual conduct and subjective understandings were not relied upon to alter the clear contractual meaning. On costs, the court found the failed alternative oral defence had materially increased costs and varied the costs o…