Generale Belgian Bank v. Ankor Group Ltd. and Cheung Chu Yuen, Michael t/a Yuen Hing Decoration Co. (Third Party)

HCA005312/1999

HCA 5312/1999

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO. 5312 OF 1999

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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 : 28 July 1999

Date of judgment : 28 July 1999

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J U D G M E N T

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1. This is an application for summary judgment for HK$508,229.15, made by a plaintiff claiming as assignee of a debt due from the defendant to a contracting company. The assignment was made on 8 September 1998 and notice of the assignment was duly given to the defendant on the same day.

2. The defendant says that, before the date of the assignment, it had agreed with the construction company to reduce the amount of the debt to $458,229.15; but it did not take this point up with the plaintiff until 28 January 1999. Further, the defendant appears to have paid the reduced debt to a third party on the instructions of the contracting company, but this it did not do until December 1998, well after the date on which it received notice of the assignment.

3. On these facts, I am satisfied that I should give judgment for the plaintiff for the amount of the reduced debt with unconditional leave to the defendant to defend the plaintiff's claim for the balance of the debt. The plaintiff's costs of this application will be paid by the defendant.

Representation:

Mr. Richard Zimmern, instructed by Messrs. Wilde Sapte, for the Plaintiff

Miss Ellen Cheng of Messrs. Simmons & Simmons, for the Defendant