Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Undertakings and protective regimes
  • 31 Oct 2003

    RE CHIME CORPORATION LTD

    Citation
    RE CHIME CORPORATION LTD
    Court
    Court of First Instance
    Case number
    HCMP4146/2001

    The court accepted substitution of the BOC HK$520m guarantee with a multi-currency cash deposit equal to 105% of HK$520m held in jointly operated interest bearing accounts because (a) the purpose of the security was to secure dividends payable by Chime which would be returned if the allotment were set aside, (b) existing protective undertakings made it improbable the funds originated from Chime or CAL so a personal undertaking was unnecessary, and (c) the proposed 105% buffer and a replenishment/drawdown regime adequately address exchange rate risk, making payment into court unnecessary.