Read the full judgment text of HCA 000013/1978 on BabelCite. This High Court CFI judgment was delivered on 8 April 1978 before Li J.
Bills of exchange – holder in due course – post-dated cheques – value – Diamond v. Graham – summary judgment – Plaintiff sued on four cheques drawn by 1st defendant in favour of 2nd defendant, endorsed to plaintiff – Cheques dishonoured – Plaintiff claimed as holder in due course – Defendant alleged failure of consideration between drawer and endorser – Value given by Edward Wong Finance Ltd., not plaintiff – Issue 1: Whether post-dated cheques put holder on inquiry – Held: No; presumption of negotiation before overdue under s.36(4) – Issue 2: Whether holder must personally give value – Held: No; Diamond v. Graham holds value need not be given by holder – Appeal allowed; summary judgment entered – Costs to plaintiff
Legal issues: Post-dated cheques · Value given by holder
Outcome: Appeal allowed; summary judgment entered for plaintiff.