9 Oct 2001
LARK INTERNATIONAL FINANCE LTD. v. LAM KIM MARISA t/a KAM SANG CO. AND ANOTHER
- Citation
- LARK INTERNATIONAL FINANCE LTD. v. LAM KIM MARISA t/a KAM SANG CO. AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA14104/1997
Plaintiff failed to prove, on the balance of probabilities, that the 2nd defendant agreed to assume personal liability for the 1st defendant's debt: the memorandum was ambiguous and did not on its face impose personal liability; contemporaneous evidence and subsequent conduct (post-dated cheques signed by the 2nd defendant as authorised signatory for Kam Sang) supported the finding that the 2nd defendant acted as agent for his wife; no consideration from the 2nd defendant was shown; therefore no enforceable personal agreement existed.