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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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.