CHAU CHIK YEE v. NEW ARCTIC PROPERTIES LTD. AND ANOTHER

CHAU CHIK YEE v. NEW ARCTIC PROPERTIES LTD. AND ANOTHER

The judge found triable issues of fact as to presentment, the bona fides of the Plaintiff's acquisition of the notes and whether the notes were delivered in escrow; those triable issues required that the Defendants have unconditional leave to defend and that the Plaintiff be allowed to re‑amend to plead the later...

Source-derived case information.

Citation
CHAU CHIK YEE v. NEW ARCTIC PROPERTIES LTD. AND ANOTHER
Parties
Plaintiff: Chau Chik Yee; 1st Defendant: New Arctic Properties Limited; 2nd Defendant: Tam Shu Wing Stephen aka Stephen Tam
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 January 1999
Case Number
HCA14305/1997
Procedural Posture
Debt Promissory Notes / Appeal From Master's Decision on Leave to Defend; Chambers Judgment
Outcome
Appeal dismissed; Defendants granted unconditional leave to defend; Plaintiff granted leave to re‑amend Statement of Claim
Legal Topics
Promissory Notes, Presentment for Payment, Holder in Due Course, Escrow/conditional Delivery, Amendment of Pleadings, Leave to Defend, Costs
Source Language
en
Commercial Law Negotiable Instruments Civil Procedure Contract Law Equity Promissory Notes Presentment for Payment Holder in Due Course +4 more

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Summary, issues, holding and outcome

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Parties

Chau Chik Yee

Plaintiff

New Arctic Properties Limited

1st Defendant

Tam Shu Wing Stephen aka Stephen Tam

2nd Defendant

Procedural Posture

Debt Promissory Notes / Appeal From Master's Decision on Leave to Defend; Chambers Judgment

Legal Issues

  1. 1 Whether there was proper presentment of the promissory notes at the address for payment
  2. 2 Whether the Plaintiff is a holder in due course of the promissory notes
  3. 3 Whether delivery of the promissory notes was conditional/escrow and thus available as a defence

Ratio Decidendi

The judge found triable issues of fact as to presentment, the bona fides of the Plaintiff's acquisition of the notes and whether the notes were delivered in escrow; those triable issues required that the Defendants have unconditional leave to defend and that the Plaintiff be allowed to re‑amend to plead the later presentment; accordingly the appeal was dismissed and leave to defend granted.

Court Disposition

Appeal dismissed; Defendants granted unconditional leave to defend; Plaintiff granted leave to re‑amend Statement of Claim

Orders

  • Appeal dismissed
  • Defendants granted unconditional leave to defend