28 Mar 2000
ING BANK N.V. v. MR TSUI TSIN TONG
- Citation
- ING BANK N.V. v. MR TSUI TSIN TONG
- Court
- Court of Appeal
- Case number
- CACV354/1999
The Court of Appeal dismissed the appeal and affirmed summary judgment: the plaintiff sued on a separate and distinct guarantee in the Debt Rescheduling Deed which was enforceable; the defendant failed to show that the put option contravened s.76 in a way that tainted the guarantee (s.3(1) savings and the separate substituted obligations in the New Trade Confirmation/Deed meant the guarantee was not rendered unenforceable); all other defences (gambling, uncertainty, duress, failure to mitigate, misrepresentation) were unarguable on the evidence and law.