Thorsen Paper Limited v. Johnson C L Mok t/a Mok Chee Lam t/a Sunny Trading Company

HCA007978/1984

BETWEEN:-

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Coram: The Honourable Mr. Justice Jones in Chambers

Date of hearing: 11th March 1985

Date of delivery of judgment: 11th March 1985

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JUDGMENT

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1. This is an appeal from a decision of Master Crawshaw made on the 18th February 1985 when the defendant was granted conditional leave to defend upon making payment into court the sum of $755,915.08 being the amount of the claim within 14 days.

2. The Claim relates to the balance due in respect of the purchase price of goods sold and delivered during the period from November 1983 to September 1984. Of the amount claimed the sum of $153,937.05 formed part payment of the claim by way of two cheques issued by the defendant to the plaintiff which were dishonoured.

3. In his affirmation of the 11th January 1985 the defendant disputed the plaintiff's claim for interest, and that he had not received some of the goods that the plaintiff contends had been supplied. The defendant alleged that the plaintiff had informed him that these goods had been ordered by and delivered to other companies, but requested him to accept the invoice endorsed with his chop. He went on to say that the plaintiff would in due course send him the money covering the amount payable under the invoice, and that he would in turn effect payment to the plaintiff.

4. The evidence adduced by the plaintiff clearly shows that interest is payable upon overdue payments and that the goods which the defendant denied ordering were ordered and accepted by him.

5. I am of the opinion that the defence, which was put forward for the first time before the Master, is highly dubious. I am satisfied that the Master exercised his discretion properly by imposing conditions. Accordingly, the appeal is dismissed with costs to the plaintiff.

Representation:

Mr. D. Yam (Kenneth W. Leung & Co.) for Appellant/Defendant.

Mr. C. Mumford (Samuel Soo & Co.) for Respondent/Plaintiff.