Read the full judgment text of on BabelCite. was delivered on 6 May 1994.
1. This is an appeal from an order of Barnett J. made on 29 September 1993. The main issue before the judge, simply stated, was whether the liability of William Young Hong Yui (to whom we shall refer as "the depositor") to the Bank of Credit and Commerce Hong Kong Limited (to which we shall refer as "the bank") under two instruments headed "CONTINUING GUARANTEE" made on 27 February 1991 was, at the date of the hearing, immediate or contingent; contingent, that is to say, on the bank's first maki