12 Mar 1998
IPCO INSITUFORM (SE ASIA) PRIVATE LTD. v. LAM MAN KWONG
- Citation
- IPCO INSITUFORM (SE ASIA) PRIVATE LTD. v. LAM MAN KWONG
- Court
- Court of First Instance
- Case number
- HCA14007/1997
Where parties have expressly admitted debts in settlement agreements supported by consideration and have agreed not to contest recovery, the defendant is precluded from raising counterclaims or set-off to resist enforcement; clauses 3 and 7 of the October agreement operate together to limit Kwan Tang's entitlement and Kwan Tang breached that agreement, thereby permitting enforcement of the guarantee and the undated cheque; the cheque was unconditional and summary judgment was appropriate for the plaintiff.