Hong Kong Case Law: Decisions & Judgments

Topic

Guarantee and indemnity

Legal area

Court

17 Sept 2025

ULTRA SOURCE TRADING HONG KONG LTD v. HIGHSHARP TRADING LTD AND ANOTHER

Citation

[2025] HKCFI 4790
Court

Court of First Instance
Case number

HCA1177/2025

On the pleaded facts, taken as admitted in default, the Settlement Agreement was breached and established D1 and D2's joint and several liability and indemnity obligations; the declaratory reliefs sought were confined to what was necessary to give effect to the settlement and to provide certainty; accordingly judgment in default for the plaintiff and the declarations and costs as assessed were granted.
15 Apr 2025

DAH SING BANK, LTD v. LONG TAI HONG SUPPLIES LTD (formerly known as LONG TAI HONG INVESTMENT LTD) AND OTHERS

Citation

[2025] HKCFI 1771
Court

Court of First Instance
Case number

HCMP2461/2023

Because the 1st defendant defaulted under the Facility Letter, the plaintiff's entitlement to possession under the Mortgage arose and the 2nd, 3rd and 4th defendants are jointly and severally liable under the Guarantee and Indemnity for monies owing as set out in the originating summons and supporting affirmation.
27 Dec 2024

DBS BANK (HONG KONG) LTD v. EXCELLENT ACCOUNTING AND SECRETARIAL LTD AND ANOTHER

Citation

[2024] HKDC 2153
Court

District Court
Case number

DCCJ3085/2019

The court found the impugned representations were statements of intention and Lo failed to prove she relied on them so as to establish misrepresentation, but accepted Lo's evidence of an oral indemnity and the contemporaneous evidence showing Yim was the de facto controller; accordingly Yim is liable to indemnify Lo for the sums found due to the bank under the prior judgment.
24 Jul 2024

CHINA CITIC BANK INTERNATIONAL LTD v. CHINA WILL ENTERPRISE LTD AND OTHERS

Citation

[2024] HKCFI 1859
Court

Court of First Instance
Case number

HCMP1153/2022

Default judgment was regularly obtained by postal service but the 10th Defendant satisfied the real prospect test: his affidavits, prior credible findings in related litigation, unresolved allegations of forgery and gaps in the plaintiff's documentary/hearsay evidence (notably unexplained absence of the bank officer Jason's own affidavit and inconsistencies about confirmations and execution of facility documents) together established a defence with a real prospect of success such that the default judgment must be set aside unconditionally.
31 Jan 2024

LKF v. ZTISL

Citation

[2024] HKCFI 424
Court

Court of First Instance
Case number

HCSD8/2023

The application was dismissed because the applicant failed to establish substantial grounds to dispute the debt: he produced no credible evidence of serious disadvantage or illegitimate duress, the clients were validly transferred to him and covered by the agreement clauses making him liable, and he had affirmed the 2nd Agreement by earning commission, so the statutory demand stood.
12 Jun 2023

SUNRICH TRADERS LTD AND ANOTHER v. KUMAR VASWANI AND OTHERS

Citation

[2023] HKCFI 1559
Court

Court of First Instance
Case number

HCA139/2022

Appeal dismissed and summary judgment refused because defendants have shown triable issues—notably a credible forgery defence to the Guarantee and Indemnity, uncertainty and insufficient pleading as to the oral Italian Steel and Goods Sales Agreements (including which plaintiff is party), and a believable dispute on the identity of the lender for the Personal Loan—making summary determination inappropriate.
24 Jul 2020

HAO TIAN INTERNATIONAL SECURITIES LTD v. NG SHUI CHEONG

Citation

[2020] HKCFI 1590
Court

Court of First Instance
Case number

HCA2487/2018

Defendant failed to raise any credible or believable triable issues: the AEA unambiguously covered clients procured by the Defendant (including pre-existing introductions), there was adequate consideration in the continued provision of facilities and commission arrangement, the evidence did not support special disadvantage or undue influence, and the Plaintiff as a Type 1 SFO licensee is exempt from the MLO; accordingly summary judgment stands and the appeal is dismissed.
21 Jun 2018

DBS BANK (HONG KONG) LTD v. GUANXIANG (HK) TRADING LTD AND OTHERS

Citation

[2018] HKCFI 1392
Court

Court of First Instance
Case number

HCMP1767/2017

The court will proceed with the substantive hearing of the Originating Summons notwithstanding an intervening summons by a third party; the plaintiff may pursue summary determination of monetary claims, but no possession order should be made without hearing the third party claiming actual occupation and resolving contested issues of misrepresentation and informed consent.
25 Jan 2018

UOB KAY HIAN FUTURES (HONG KONG) LTD v. LAI, LAWRENCE AND ANOTHER

Citation

[2018] HKCFI 95
Court

Court of First Instance
Case number

HCA1946/2011

The court held the client authorised the disputed trades through her agent (the account executive), the plaintiff did not breach the contractual or tortious duties alleged, any requirement under clause 12.3 was waived by mutual assent in relation to the trades, HKFE rules did not apply to Singapore-executed trades by contract, and the 2002/2010 guarantee agreements were enforceable; accordingly the plaintiff was entitled to judgment against both defendants for the debit balance and interest, and the defendant's counterclaim failed.
11 Jan 2018

RE PAK KWAN HO

Citation

[2018] HKCFI 54
Court

Court of First Instance
Case number

HCB5909/2016

The Debtor failed to establish a bona fide dispute on substantial grounds or produce credible evidence that the disputed sums had been repaid; the Bank’s proof of debt was unchallenged on material points; accordingly a bankruptcy order was properly made against the Debtor and costs ordered to the Petitioning Creditor.