27 Apr 2006
FUJITSU PC ASIA PACIFIC LTD v. TECHNIQUE COMPUTER SYSTEM (HK) LTD AND ANOTHER
- Citation
- FUJITSU PC ASIA PACIFIC LTD v. TECHNIQUE COMPUTER SYSTEM (HK) LTD AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA1422/2003
The Guarantee expressly tied the guarantor's liability to 'full settlement' under clause (4) of the No-Action Agreement; therefore the plaintiff's right to sue accrued on or after 30 June 1997. The plaintiff owed no general duty to promptly enforce that would discharge the guarantor and no arguable prejudice was shown. The collateral oral agreement allegation lacked credibility. Summary judgment for the principal sum was therefore proper.