Kleinwort Benson Ltd v Malaysia Mining Corporation Berhad
| Jurisdiction | England & Wales |
| Year | 1988 |
| Date | 1988 |
| Court | Queen's Bench Division |
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15 cases
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Carillion Construction Ltd v Zelf Hussain and Robert Jonathan Hunt (the Joint Liquidators of Simon Carves Ltd) and Another
... ... and Bros [1923] KB 261 at 282; Kleinwort Benson Ltd v Mining Corporation Berhad [1989] 1 ... Interestingly, Kleinwort Ltd v Malaysia Mining involved a so-called "comfort letter" ... ...
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Kleinwort Benson Ltd v Malaysia Mining Corporation Berhad
...defendants did not enter into any relevant contractual obligations to the plaintiffs. 2The judgment of Hirst J., which is reported at (1988) 1 W.L.R. 799, contains an account of the circumstances in which the defendants provided to the plaintiffs the "comfort letter" upon the terms of whic......
- Corson v Rhuddlan Borough Council
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Associated British Ports v Ferryways NV
...It is a matter of construction of the document as a whole. Thus, in Kleinwort Benson Ltd v Malaysia Mining Corp at first instance, [1988] 1 All ER 714, Hirst J found in favour of a bank which sought to enforce “letters of comfort” provided by the parent company of the bank's debtor. Howeve......
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1 firm's commentaries
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How Comforting Is A Comfort Letter?
...is an articling student at Aird & Berlis LLP. Kleinwort Benson Ltd. v. Malaysia Mining Corp., [1989] 1 All E.R. 785 (C.A.), revg [1988] 1 All E.R. 714 (Q.B., leave to appeal to H.L. refused [1989] 1 All E.R. 785 (C.A.) at p. Banque Brussels Lambert SA v. Australian National industries L......
3 books & journal articles
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Contract Law
...the clause ‘emerged as a result of joint efforts’ (at p 1156). The court also relied on Kleinwort Benson v Malaysian Mining Corp Berhad[1988] 1 WLR 799, which agreed with Levison v Farin that the contra proferentem rule did not apply to a joint drafting effort. 12.67 The High Court's applic......
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Intention to Create Legal Relations
...obligation to repay the loan contained in the above provisions of the letter of comfort. 33 [1989] 1 All ER 785 (CA), rev’g [1988] 1 All ER 714 (QB), leave to appeal refused, [1989] 1 All ER 785 at 798 (CA) [ Kleinwort Benson ]. For discussion, see DH Clark, “Contracts — Interpretation — Cr......
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Circumventing Veil Piercing: Possible Delictual Liability of a Holding Company to a Creditor of its Insolvent Subsidiary
...as a judge or arbitrator should decide: see Staughton J in Chemco Leasing S.p.A v Rediffusion Plc, on 19 July 1985, cited by Hirst J [1988] 1 WL.R 799, 806G. Nevertheless, the court’s task is to ascertain what common intentions should be ascribed to the parties from the terms of the documen......