The Star Pty Ltd v Wong [2018] NSWSC 151

The Star Pty Ltd v Wong [2018] NSWSC 151

The plaintiff established on evidence that Mr Wong provided two cheques which were accidentally lost or destroyed, that valid notices under s 115 of the Cheques Act were given, and that despite sufficient service, Mr Wong did not respond or appear; accordingly, the plaintiff was entitled to orders for replacement cheques, leave to proceed, and, in default, leave to seek default judgment for the outstanding amount after taking credits or payments into account.

Jurisdiction
Australia
Judgment Date
21 February 2018
Procedural Posture
Civil / Principal Judgment
Outcome
Orders made for replacement of lost or destroyed cheques; leave granted to proceed; default judgment permitted if non-compliance; costs awarded to plaintiff.
Legal Topics
['cheques' 'casino Debt' 'replacement of Lost or Destroyed Cheques' 'service Out of Jurisdiction' 'leave to Proceed' 'costs']
['commercial Law' 'banking Law' 'civil Procedure'] ['cheques' 'casino Debt' 'replacement of Lost or Destroyed Cheques' 'service Out of Jurisdiction' 'leave to Proceed' 'costs']

Case Brief

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Procedural Posture

Civil / Principal Judgment

Legal Issues

  1. 1 ['Whether the plaintiff is entitled to orders requiring the defendant to draw replacement cheques under the Cheques Act 1986 (Cth) after original cheques were lost or destroyed' 'Whether notice requirements under s 115 of the Cheques Act 1986 (Cth) were met' 'Whether service requirements for proceedings against a party outside the jurisdiction were satisfied' 'Whether leave to proceed should be granted under Rule 11.8AA of the Uniform Civil Procedure Rules 2005 (NSW)']

Ratio Decidendi

The plaintiff established on evidence that Mr Wong provided two cheques which were accidentally lost or destroyed, that valid notices under s 115 of the Cheques Act were given, and that despite sufficient service, Mr Wong did not respond or appear; accordingly, the plaintiff was entitled to orders for replacement cheques, leave to proceed, and, in default, leave to seek default judgment for the outstanding amount after taking credits or payments into account.

Court Disposition

Orders made for replacement of lost or destroyed cheques; leave granted to proceed; default judgment permitted if non-compliance; costs awarded to plaintiff.

Orders

  • ['The Plaintiff has leave to proceed pursuant to Rule 11.8AA of the Uniform Civil Procedure Rules 2005 (NSW) against the Defendant.' 'The Defendant draw a replacement cheque made payable to the Plaintiff in the sum of HKD 30,453,500.00 and give that replacement cheque to the Plaintiff within 14 days.' 'The Defendant...