SAM WOO SHIP BUILDING LTD v. HO KWOK POON AND OTHERS

DCCJ384/2004

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CIVIL ACTION NO. 384 OF 2004

J U D G M E N T

1.  In this case the 1st defendant tried to use oral or extrinsic evidence to vary or contradict the written terms of the agreement.  There are clear decided cases which gave rulings that no oral evidence can vary or contradict the terms of a written agreement.  The agreements should only be interpreted within the four corners of that document.  The loan agreement in the present case is clear and precise.  It is not capable of any extrinsic evidence to help its interpretation.  In the premises I rule that the defendants have no defence to this action.

2.  Judgment for the plaintiff against all defendants in the sum of $500,000 with interest at 2 per cent above prime rate per annum published by the HSBC from 13 November 2003 until today, with costs and certificate for counsel.