Fong Ka Wai v. Wong Chun Hung Vincent
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HCA004550/1999 HCA 4550/1999 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE ACTION NO. 4550 OF 1999
---------------------- Coram : Hon. Godfrey, J.A. in Chambers (sitting as an additional Judge of the Court of First Instance) Date of hearing : 29 July 1999 Date of judgment : 29 July 1999 ---------------------- J U D G M E N T ---------------------- 1. This is an application for summary judgment on a dishonoured cheque for $5,500,000. The defence suggested is that the 'cheque' was really not a 'cheque' at all, but was a paper writing given to the plaintiff, through a third party, 'by way of comfort' and in so far as it was a 'cheque', it was delivered upon a condition which has not been fulfilled. 2. The alleged condition is a condition that the 'cheque' would never be presented; alternatively that the 'cheque' would be held to the order of the drawer of the 'cheque'. These seem to me to be inconsistent and different conditions; but in any case, I find it incredible that anyone should ever issue a 'cheque' or what purports to be a 'cheque' on such conditions. 3. The suggested defence is moonshine and I will give judgment for the plaintiff with costs.
Representation: Mr. Louis K.Y. Chan, instructed by Messrs. Johnny K.K. Leung & Co., for the Plaintiff Mr. Benjamin Chain, instructed by Messrs. C.L. Chow & Co., for the Defendant |