Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Facility agreements

Legal area

Court

20 Apr 2022

GUANGHUA SS HOLDINGS LTD v. LIM YEW CHENG AND ANOTHER

Citation

[2022] HKCFI 1052
Court

Court of First Instance
Case number

HCA1972/2020

Defendants' assertions of inducement and ignorance of the falsity are not believable in the context of the contemporaneous documents and their conduct; they must have been aware of the true position before executing or by the time of the amendments and thereby affirmed the agreements; lacking credible reliance and having affirmed, the defence of misrepresentation fails and summary judgment is proper.
23 Mar 2012

BANK OF CHINA (HONG KONG) LTD v. KEEN LLOYD ENERGY LTD AND ANOTHER

Citation

BANK OF CHINA (HONG KONG) LTD v. KEEN LLOYD ENERGY LTD AND ANOTHER
Court

Court of Appeal
Case number

CACV132/2011

The Court held that the plea of common mistake was plainly unsustainable and properly struck out: the defendants’ current positive assertion of a shared belief in the lawfulness of the facilities was irreconcilable with prior pleadings alleging fraudulent, reckless or negligent misrepresentation; the non-existence of the asserted lawful state of affairs was said to be attributable to the bank’s conduct; performance of the contracts occurred and the bank retained the overriding right to withdraw facilities, so the requirements for common mistake were not satisfied; further the plea constituted…