Hong Kong Case Law: Decisions & Judgments

Topic

Demand under guarantee

Legal area

Court

6 Jul 1999

LAW KWOK HUNG v. TSE PING MAN AND ANOTHER

Citation

LAW KWOK HUNG v. TSE PING MAN AND ANOTHER
Court

Court of First Instance
Case number

HCA15104/1998

The writ was properly served at the Hong Ning Road address which was the address last known to the Plaintiff; therefore the default judgment was regularly obtained and the 1st Defendant failed to satisfy the Saudi Eagle threshold or provide evidence of inability to comply with the master's payment condition; the appeal is dismissed and the master's conditional order requiring payment into court is upheld.
11 May 1999

HONG KONG HOUSING SOCIETY v. TANG KAR HUNG

Citation

HONG KONG HOUSING SOCIETY v. TANG KAR HUNG
Court

Court of First Instance
Case number

HCCT91/1998

A demand under the performance bonds was valid because, read objectively and in the light of the employer's own knowledge and supporting evidence, the letters of demand conveyed the employer's opinion of contractor default, identified the contractual provision breached (clause 25(1)(b)), specified damages sustained by reason of that default and limited the claim to the retention advances; accordingly the defendant had no arguable defence and judgment was entered for the plaintiff.
10 Jul 1986

RAINIER INTERNATIONAL BANK v. L AINE & CO. LTD. AND OTHERS

Citation

RAINIER INTERNATIONAL BANK v. L AINE & CO. LTD. AND OTHERS
Court

Court of First Instance
Case number

HCA5715/1984

The court accepted the plaintiff's evidence that the 2nd and 3rd defendants signed the completed guarantee, that written demands were properly dispatched and deemed received under clause 20, and that the clause 11 certificate established the amount due; accordingly the plaintiff was entitled to judgment against the 2nd and 3rd defendants, jointly and severally, for $430,085.47 with costs.

Hong Kong Case Law

LAW KWOK HUNG v. TSE PING MAN AND ANOTHER

HONG KONG HOUSING SOCIETY v. TANG KAR HUNG

RAINIER INTERNATIONAL BANK v. L AINE & CO. LTD. AND OTHERS