Benguela Investment Ltd. v. Lau Lai

HCA008339/1998

HCA 8339/1998

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO. 8339 OF 1998

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Coram : Godfrey, J.A. in Chambers (sitting as an additional Judge of the Court of First Instance)

Date of Hearing : 5 August 1999

Date of Judgment : 5 August 1999

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J U D G M E N T

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Godfrey, J.A. :

1. This is an application for summary judgment for the amount of a dishonoured cheque for $3m. The defendant says that what purports to be her signature on the cheque is a forgery. This is not an issue which can be rejected as unfit to go to trial, especially having regard to the extraordinary circumstances in which, on the plaintiff's own evidence, it came by the cheque. It was a blank and undated cheque, and the defendant seems to have had no dealings with the plaintiff, only with a Mr. Tse who completed the cheque in favour of the plaintiff. The circumstances in which the cheque was procured call for proper investigation at the trial.

2. The plaintiff was well aware when applying for summary judgment that the defendant was disputing the genuineness of the cheque, on apparently solid grounds. In these circumstances, I will dismiss this application, with costs.

Representation:

Mr. Joseph Vaughan instructed by M/s. Fan & Fan for Plaintiff

Ms. Annie Lai instructed by M/s. Littlewoods for Defendant