31 Oct 2005
SUN HUNG KAI INVESTMENT SERVICES LTD v. SHARP MERIT INTERNATIONAL LTD AND ANOTHER
- Citation
- SUN HUNG KAI INVESTMENT SERVICES LTD v. SHARP MERIT INTERNATIONAL LTD AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA1176/2005
Given the background facts and contemporaneous evidence, the defendant's non-factum and related defences were incredible or untenable; the Deed expressly made the guarantor a primary obligor and allowed enforcement without first proceeding against the customer; the Client Agreement gave the lender discretion on sale and did not require obtaining the best price; Clause 35 imposed no undisclosed limit; accordingly no triable issue existed and summary judgment was entered for the plaintiff against Ma for the amount claimed plus contractual interest and indemnity costs.