4 Dec 2001
THE FUJI BANK, LTD. v. SANKO AIR-CONDITIONING ENGINEERING LTD. AND OTHERS
- Citation
- THE FUJI BANK, LTD. v. SANKO AIR-CONDITIONING ENGINEERING LTD. AND OTHERS
- Court
- Court of First Instance
- Case number
- HCA1872/2001
Leave to defend was granted unconditionally because the defendants established an arguable case that the bank's deliberate failure to set-off the pledged deposit and its transfer of funds from OD accounts to TR accounts could have been injurious to guarantors; the issues (including whether conduct amounted to repudiation or warranted pro tanto relief) are factually and legally complex and require full trial; therefore the Master's Order 14 summary disposition was set aside to allow trial.