22 Apr 2009
GLOBAL BRIDGE ASSETS LTD AND OTHERS v. SUN HUNG KAI SECURITIES LTD
- Citation
- GLOBAL BRIDGE ASSETS LTD AND OTHERS v. SUN HUNG KAI SECURITIES LTD
- Court
- Court of First Instance
- Case number
- HCA317/2008
The strike out application was dismissed: (1) the 1st plaintiff's oral guarantee is not caught by LARCO s13 and collateral warranties concerning the defendant's own ability to transfer its JV shares fall outside s13; (2) the 2nd plaintiff's challenge to the Deed raises a legitimately arguable construction issue and is not a plain and obvious case for striking out; (3) the 3rd plaintiff's pleading defect as to locus can be cured by amendment so striking out is inappropriate; costs order nisi made for defendant to pay plaintiffs' costs of the application.