10 Jul 1995
LARK INTERNATIONAL LTD. v. CHAN HIN FAI WILSON
- Citation
- LARK INTERNATIONAL LTD. v. CHAN HIN FAI WILSON
- Court
- Court of First Instance
- Case number
- HCA8372/1994
The appeal was allowed because there existed triable issues both as to quantum (existence of a separate US$500,000 loan and the appropriation of RMB payments) and as to liability (arguable connivance by the creditor that could discharge the guarantor); clauses of the guarantee did not conclusively preclude discharge for connivance and guarantees are to be strictly construed in favour of the guarantor, therefore summary judgment was inappropriate and leave to defend was granted.