28 Apr 2000
LEOMARK HOLDINGS LTD. v. CHIK HO MING
- Citation
- LEOMARK HOLDINGS LTD. v. CHIK HO MING
- Court
- Court of First Instance
- Case number
- HCA3065/1997
The 1995 Settlement Agreement and General Release effected a compromise and released the Principal Debtor; that release discharged the defendant guarantor because the Deed contained no consent to release and no contrary provision; foreign law was not pleaded or proved so Hong Kong law was applied; no consideration was pleaded for the 7 May 1992 undertaking; accordingly the plaintiff's claim against the guarantor failed and the action was dismissed.