Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Surety deed

Legal area

Court

17 Apr 2024

MTR CORPORATION LTD v. CHINA LUCK ENTERPRISES LTD AND OTHERS

Citation

[2024] HKCFI 1099
Court

Court of First Instance
Case number

HCA1633/2021

The judge accepted Chan's evidence that he did not sign the Surety Deed and concluded the signature was not his and was likely forged by others; accordingly the plaintiff failed to prove Chan's liability under the Surety Deed and the claim against Chan was dismissed.
13 Mar 2024

MTR CORPORATION LTD v. CHINA LUCK ENTERPRISES LTD AND OTHERS

Citation

[2024] HKCFI 790
Court

Court of First Instance
Case number

HCA1633/2021

The appeal was allowed and summary judgment set aside against the 3rd defendant because there is a real and compact triable issue whether the Surety Deed signature is forged, the 3rd defendant's affidavit evidence warranted testing at trial, and the interests of justice justified extending time to appeal; unconditional leave to defend was therefore granted.