16 May 2008
HSBC BANK (CHINA) CO LTD v. YIP KIM PO
- Citation
- HSBC BANK (CHINA) CO LTD v. YIP KIM PO
- Court
- Court of First Instance
- Case number
- HCA2472/2007
The defendant cannot, by invoking marshalling or equitable principles, prevent the plaintiff from suing on the guarantee; the creditor is entitled to choose its remedy and an express contractual clause (clause 3.02) preserving enforcement despite other securities ousts any entitlement to marshalling in the guarantor's favour; accordingly the defendant had no defence and summary judgment was entered for the plaintiff.