9 Nov 1999
HONG KONG HOUSING SOCIETY v. TANG KAR HUNG
- Citation
- HONG KONG HOUSING SOCIETY v. TANG KAR HUNG
- Court
- Court of Appeal
- Case number
- CACV153/1999
The appeal is dismissed because (a) the guarantees were payable on demand in the employer's honest opinion of default and the defendant had abandoned the underlying contractual defence, (b) the 6 August 1998 demand letters complied objectively and in substance with the requirements of clause 2 of the guarantees (satisfying even the stricter test), and (c) the defendant's late allegations of misrepresentation, non est factum and economic duress lacked evidential foundation and, even if believed, would not have constituted legal defences; the late fiduciary point could not properly be taken on…