Yau Po Keung v. Fong Sung Yun and Another

HCA021983/1998

HCA 21983/1998

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO. 21983 OF 1998

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

Date of hearing : 20 July 1999

Date of judgment : 20 July 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 on two dishonoured cheques, drawn by a husband on a joint account with his wife. The husband appears in person, having been legally represented until very recently, but has now applied for legal aid. He says it would be unfair to him to proceed without his being afforded legal representation. On the other hand, he has offered no real defence and it would be unfair to the plaintiff to delay its claim further when as it seems to me the husband has no realistic prospect of success in defending the action. I shall therefore give judgment against the husband. As to the wife I shall give her unconditional leave to defend, since I am not satisfied that she is liable to the plaintiff on a cheque which she did not draw simply because it was a cheque drawn on a joint account held by herself and her husband.

2. The husband must pay the plaintiff's costs. The plaintiff's costs and the wife's costs so far as the claim against the wife is concerned will be costs in the cause.

Representation:

Mr. P.C. Lee instructed by Messrs. Wing-Sum Lo & Co. for Plaintiff

1st Defendant in person

Mr. Peter Duncan instructed by Messrs. Mui, Kwan, Kun & Associates for 2nd Defendant

Remarks:
On appeal by the 1st Defendant to the Court of Appeal: Appeal allowed. Please refer to judgment CACV000227/1999.