10 Aug 2001
THE CHINA AND SOUTH SEA BANK LTD., HONG KONG BRANCH v. SUTHI TEJAVIBULYA
- Citation
- THE CHINA AND SOUTH SEA BANK LTD., HONG KONG BRANCH v. SUTHI TEJAVIBULYA
- Court
- Court of First Instance
- Case number
- HCA2222/2000
The court found that triable issues existed both as to whether the bank owed the 2nd defendant a duty in the conduct of the sale (given the agreement to apply proceeds to the 2nd defendant) and as to whether the default interest rate was contractually effective and commercially justifiable; because these issues could not be resolved on the affidavits and documents before the registrar, the registrar's partial judgment was rescinded and the 2nd defendant given unconditional leave to defend.