Hong Kong Case Law: Decisions & Judgments

Topic

Validity of guarantee

Legal area

Court

23 May 2012

THE HONGKONG AND SHANGHAI BANKING CORPORATION LTD v. NG FUI

Citation

THE HONGKONG AND SHANGHAI BANKING CORPORATION LTD v. NG FUI
Court

Court of First Instance
Case number

HCB6506/2011

Respondent was deemed unable to pay following non-compliance with the statutory demand, no bona fide dispute was shown as to the validity of the guarantee vis-à-vis the petitioner, and the Special Loan Guarantee Scheme does not prevent the bank from pursuing the guarantor; accordingly a bankruptcy order should be made.
23 Dec 2005

DBS BANK (HONG KONG) LTD v. WONG LAI PING AND OTHERS

Citation

DBS BANK (HONG KONG) LTD v. WONG LAI PING AND OTHERS
Court

Court of First Instance
Case number

HCA1941/2004

The judge found on the evidence, notably the defendants prior letter and the surrounding circumstances, that the 4th defendant knew he had signed a guarantee and failed to establish any credible triable issue; therefore summary judgment entered by the Master was correct and the appeal was dismissed.
22 Aug 1983

AYALA INTERNATIONAL FINANCE LTD AND REPUBLIC NATIONAL BANK OF NEW YORK v. CAINE TAI INVESTMENT CO LTD AND OTHERS

Citation

AYALA INTERNATIONAL FINANCE LTD AND REPUBLIC NATIONAL BANK OF NEW YORK v. CAINE TAI INVESTMENT CO LTD AND OTHERS
Court

Court of Appeal
Case number

CACV111/1983

The Court granted a stay of execution pending the appeal because the appeal raised substantial and bona fide points of law (notably under s.22 of the Deposit Taking Companies Ordinance and the validity of the guarantee) and because failure to stay posed a real risk of irreparable loss and would likely render a successful appeal nugatory; the trial judge's absence justified hearing the application in the Court of Appeal.
3 Nov 1977

OKURA & CO LTD v. KOWLOON CONTAINER WAREHOUSE CO LTD (IN LIQUIDATION) AND OTHERS

Citation

OKURA & CO LTD v. KOWLOON CONTAINER WAREHOUSE CO LTD (IN LIQUIDATION) AND OTHERS
Court

Court of First Instance
Case number

HCA2841/1975

The court refused to order the taking of the witness's evidence in Japan by Letter of Request and dismissed the appeal because, in exercise of its discretion, the proposed Japanese procedure would not likely permit adequate cross‑examination or a fair test of credibility, would cause disproportionate expense and delay, and there was insufficient justification to make the extraordinary order despite the witness being unwilling to attend; accordingly the Registrar's refusal was correctly upheld.

Hong Kong Case Law

THE HONGKONG AND SHANGHAI BANKING CORPORATION LTD v. NG FUI

DBS BANK (HONG KONG) LTD v. WONG LAI PING AND OTHERS

AYALA INTERNATIONAL FINANCE LTD AND REPUBLIC NATIONAL BANK OF NEW YORK v. CAINE TAI INVESTMENT CO LTD AND OTHERS

OKURA & CO LTD v. KOWLOON CONTAINER WAREHOUSE CO LTD (IN LIQUIDATION) AND OTHERS