26 Jan 2024
FLY SMART LTD v. 柯兆堅 AND ANOTHER
- Citation
- [2024] HKCFI 276
- Court
- Court of First Instance
- Case number
- HCA416/2023
The court found Marco's alleged assurances inherently unbelievable and unsupported by contemporaneous evidence, therefore no triable issue on that ground; however, there were triable issues about whether Fly Smart breached any duty in selling the bulk HTI shares at materially lower private sale prices (sales nos 6 and 7) and whether such conduct would discharge or reduce Lam's liability as guarantor, so summary judgment on HCA416 was refused and unconditional leave to defend was granted; summary judgment was entered on HCA380 for the undisputed settlement sum against Lam.