3 Jan 2002
LIPPO SECURITIES LTD. v. G.A. MANAGEMENT LTD. AND ANOTHER
- Citation
- LIPPO SECURITIES LTD. v. G.A. MANAGEMENT LTD. AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA17830/1998
The court accepted plaintiff's evidence of a standard practice requiring personal guarantees for small capitalised corporate margin accounts, found the 2nd defendant signed and knew he was providing an unlimited continuing guarantee, found Leong and the 2nd defendant not credible, and held that the pleaded defences failed: non est factum was abandoned and would fail for negligence, the mistake pleaded was not as to subject‑matter, and no false representation induced the guarantee; accordingly the guarantee is enforceable and judgment entered for the plaintiff for HK$4,359,092.48 with interest.