Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Execution only service
  • 2 Apr 2015

    DBS BANK (HONG KONG) LTD v. SIT PAN JIT

    Citation
    DBS BANK (HONG KONG) LTD v. SIT PAN JIT
    Court
    Court of First Instance
    Case number
    HCA382/2009

    The written Banking Documents (Account Opening Form, Master Agreement and successive Facilities Letters) constituted the governing contract giving DBS an execution-only relationship; Sit did not prove the alleged misrepresentations induced the ELN purchases; contractual estoppel arising from the agreed basis clauses prevented Sit relying on alleged oral inducement; DBS lawfully enforced margin/top-up and sale rights and proved the indebtedness; judgment entered for plaintiff for US$3,429,724.27 with interest and costs; counterclaim dismissed.