LO SHING KIN v. SY CHIN MONG STEPHEN

LO SHING KIN v. SY CHIN MONG STEPHEN

The defendant's instruction to stop the post-dated cheque given as part of an enforceable compromise constituted a breach and demonstrated lack of bona fides; the application is without merit, judgment is enforced for the plaintiff, execution is only suspended for a strictly conditional 28 days, and the defendant must pay the plaintiff's costs including a one counsel certificate.

Citation
LO SHING KIN v. SY CHIN MONG STEPHEN
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
17 September 2012
Case Number
HCA2392/2009
Procedural Posture
Civil / Judgment on Application (decision)
Outcome
Application dismissed; judgment upheld for plaintiff; limited conditional suspension of execution granted.
Legal Topics
Compromise Agreement, Post Dated Cheque, Stop Payment, Costs, Suspension of Execution
Source Language
EN
Contract Civil Procedure Negotiable Instruments Enforcement Compromise Agreement Post Dated Cheque Stop Payment Costs +1 more

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Procedural Posture

Civil / Judgment on Application (decision)

Legal Issues

  1. 1 Whether a post-dated cheque given in compromise can be dishonoured and whether that amounts to breach enforceable by judgment
  2. 2 Whether the defendant acted in bad faith to avoid liability under the compromise
  3. 3 Whether the court should suspend execution and on what conditions

Ratio Decidendi

The defendant's instruction to stop the post-dated cheque given as part of an enforceable compromise constituted a breach and demonstrated lack of bona fides; the application is without merit, judgment is enforced for the plaintiff, execution is only suspended for a strictly conditional 28 days, and the defendant must pay the plaintiff's costs including a one counsel certificate.

Court Disposition

Application dismissed; judgment upheld for plaintiff; limited conditional suspension of execution granted.

Orders

  • Execution suspended for 28 days only on condition that the judgment sum, including interest, is paid into court
  • Defendant to pay the plaintiff's costs of this application, including a certificate for one counsel