Read the full judgment text of HCA 4215/2003 on BabelCite. This High Court CFI judgment was delivered on 19 July 2005 before Hon A Cheung J.
Civil procedure – amendment of defence – late application – right of guarantor to terminate guarantee – general law – clause 6 of guarantee – pre-existing liability – application refused – defence struck out as frivolous – Bank of China (Hong Kong) Ltd v Chan Tin Chi and Others – guarantor – termination – unilateral discharge – replacement guarantor – notice – six months – loans made before notice – pre-existing indebtedness – no arguable defence – amendment doomed to failure – striking out
Legal issues: Right of guarantor to unilaterally terminate liability
Outcome: Application to amend defence refused. Paragraphs 10, 11 (opening phrase), and 13 of the defence struck out as frivolous or vexatious.
Cited by 1 case