19 Sept 2001
SHELL HONG KONG LTD. v. YEUNG WAI MAN KIU YIP CO. LTD. AND ANOTHER
- Citation
- SHELL HONG KONG LTD. v. YEUNG WAI MAN KIU YIP CO. LTD. AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA318/1999
The Personal Guarantee, on its plain wording, was a continuing guarantee of payment for goods supplied to the 1st defendant and was not limited to or dependent on the Operator Agreement; accordingly replacement of the Operator Agreement by the Franchise Agreement did not discharge the 2nd defendant from liability under the Personal Guarantee (estoppel/consent analysis unnecessary but alternatively established by conduct).