Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Section 108 sfo

Legal area

Court

2 Apr 2015

DBS BANK (HONG KONG) LTD v. SIT PAN JIT

Citation

DBS BANK (HONG KONG) LTD v. SIT PAN JIT
Court

Court of First Instance
Case number

HCA382/2009

The written Banking Documents (Account Opening Form, Master Agreement and successive Facilities Letters) constituted the governing contract giving DBS an execution-only relationship; Sit did not prove the alleged misrepresentations induced the ELN purchases; contractual estoppel arising from the agreed basis clauses prevented Sit relying on alleged oral inducement; DBS lawfully enforced margin/top-up and sale rights and proved the indebtedness; judgment entered for plaintiff for US$3,429,724.27 with interest and costs; counterclaim dismissed.
5 Jul 2013

NATAMON PROTPAKORN v.CITIBANK, N.A.

Citation

NATAMON PROTPAKORN v.CITIBANK, N.A.
Court

Court of First Instance
Case number

HCCL5/2011

The plaintiff's evidence was unreliable and the defendant's witnesses credible; the court found no concluded legally enforceable independent 2001 or 2004 agreements outside the written FX agreement and, in any event, clause 15 would exclude such oral variations; estoppel cannot supply a standalone cause of action and would not give the plaintiff a claim for loss from refusal to roll-over under clause II.2; the defendant lawfully invoked clause II.7.01(g) after reasonable concerns about the plaintiff's source of wealth and association with Mr Kawabe and exercised its discretion honestly and ra…