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HCA004550/1999
HCA 4550/1999
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
ACTION NO. 4550 OF 1999
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FONG KA WAI |
Plaintiff |
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AND |
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WONG CHUN HUNG VINCENT |
Defendant |
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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 : 29 July 1999
Date of judgment : 29 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 on a dishonoured cheque for $5,500,000. The defence suggested is that the 'cheque' was really not a 'cheque' at all, but was a paper writing given to the plaintiff, through a third party, 'by way of comfort' and in so far as it was a 'cheque', it was delivered upon a condition which has not been fulfilled.
2. The alleged condition is a condition that the 'cheque' would never be presented; alternatively that the 'cheque' would be held to the order of the drawer of the 'cheque'. These seem to me to be inconsistent and different conditions; but in any case, I find it incredible that anyone should ever issue a 'cheque' or what purports to be a 'cheque' on such conditions.
3. The suggested defence is moonshine and I will give judgment for the plaintiff with costs.
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(Gerald Godfrey) |
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Justice of Appeal |
Representation:
Mr. Louis K.Y. Chan, instructed by Messrs. Johnny K.K. Leung & Co., for the Plaintiff
Mr. Benjamin Chain, instructed by Messrs. C.L. Chow & Co., for the Defendant
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