Read the full judgment text of DCCJ 005625/2004 on BabelCite. This District Court judgment was delivered on 8 March 2005.
1. This is the plaintiff’s application for summary judgment against the 2nd defendant only. The 2nd defendant’s main defence is one of total failure of consideration. By reason of section 28 of the Bills of Exchange Ordinance, the 2nd defendant has very fairly accepted that this defence will rise or fall with the 2nd defendant’s allegation that there has been a mistake in issuing the cheques - and I emphasise “cheque” - in question.