3 Apr 2001
The China and South Sea Bank, Ltd. Hong Kong Branch v. Yuen Hing Medicine Manufactory Ltd. and Others
- Citation
- The China and South Sea Bank, Ltd. Hong Kong Branch v. Yuen Hing Medicine Manufactory Ltd. and Others
- Court
- Court of First Instance
- Case number
- HCA6947/1998
The judge found the bank's officer personally delivered and witnessed the 3rd defendant's signing and explained the documents; the 3rd defendant was an unreliable witness and signed with full knowledge; non est factum failed because there was no radical mistake; there was no actual or constructive notice to the bank of misrepresentation or undue influence and as a director the 3rd defendant was not entitled to equitable protection as if a third party; accordingly the guarantee is enforceable and judgment is entered for the bank.