23 Nov 2023
LUSO INTERNATIONAL BANKING LTD v. INTEGRITY FUND LTD PARTNERSHIP AND OTHERS
- Citation
- [2023] HKCFI 2936
- Court
- Court of First Instance
- Case number
- HCA1548/2022
The Amendment Summons was dismissed because the proposed unilateral mistake defence was raised at the last minute, lacked direct evidential foundation, was bound to fail on the available evidence (no credible mistake and the Bank had a legal opinion showing the top‑up was equivalent to a guarantee), and would cause irremediable prejudice to the Bank; the appeal against summary judgment failed because the interpretation of Clause 1 and contextual provisions plainly imposed full liability on D4 and the bribery and undervalue defences were unarguable.