Ge Money Bank v. Li Chow Chin

HCA 827/2006

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO. 827 OF 2006

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BETWEEN

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Before: Mr Recorder Kwok, SC in Chambers

Date of Hearing: 26 September 2006

Date of Decision: 26 September 2006

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D E C I S I O N

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1.I am not persuaded that this is an appropriate case to give judgment. 

2.The plaintiff’s case in short is that the plaintiff was deceived into depositing a total of US$2.8 million into a bank account in the United States of America and that from that account three remittances were made to the defendant’s bank account held in Hong Kong, totalling US$680,000.

3.The defendant’s affidavit evidence put forward a case of change of position in paragraphs 5, 6, 7, 9 and 10 of the defendant’s affirmation.

4.I am not persuaded that the case put forward by the defendant is incredible or bound to fail.  The width of the defence of change of position is recognised by Barma J in Patel’s Wall Street Exchange Limited v S K International [2005] 2 HKLRD at page 551.

5.This is an appropriate case to give unconditional leave to defend.

(Discussion re timetable and costs)

6.(i) Unconditional leave for the defendant to defend; (ii) defendant to serve and file defence within 21 days from today; (iii) the plaintiff to file and serve reply, if so advised, within 21 days thereafter; (iv) cost of the application up to and including the hearing before the master on 10 July 2006, be costs in the cause, and be defendant’s costs in the cause thereafter.

Mr Mark Yeadon, of Messrs Slaughter & May, for the Plaintiff

Mr Jose Antonio Maurellet, instructed by Messrs Oldham, Li & Nie, for the Defendant