3 Jan 2001
BANK OF CREDIT AND COMMERCE HONG KONG LTD. (IN LIQUIDATION) v. ASIAN WINNER LTD.
- Citation
- BANK OF CREDIT AND COMMERCE HONG KONG LTD. (IN LIQUIDATION) v. ASIAN WINNER LTD.
- Court
- Court of First Instance
- Case number
- HCCL7/1997
The Court held the Continuing Guarantee was enforceable; the alleged oral agreement did not alter the written guarantee and was excluded by the parol evidence rule; the Security Over Deposit agreements did not create mutuality for s35 set-off; liquidation dividends are not deemed paid at the date of liquidation for extinguishing debt; compound and post-liquidation interest could be charged where the contract permitted; judgment entered for plaintiff for the certified sum less concession and interest and costs as ordered.