SEAFUL INTERNATIONAL LTD v. WONG HUNG PING t/a WING HUNG KNITWEAR GARMENT FACTORY

SEAFUL INTERNATIONAL LTD v. WONG HUNG PING t/a WING HUNG KNITWEAR GARMENT FACTORY

Defendant failed to establish any arguable defence: the cheques were supported by consideration either because they were issued pursuant to the instalment agreement (as admitted by defendant's counsel) or because they constituted security and/or partial payment of an antecedent debt, and section 27 deems antecedent debt valuable consideration; accordingly summary judgment was properly entered for the plaintiff.

Citation
SEAFUL INTERNATIONAL LTD v. WONG HUNG PING t/a WING HUNG KNITWEAR GARMENT FACTORY
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
19 April 2004
Case Number
DCCJ350/2004
Procedural Posture
Dishonoured Cheque / Debt Recovery Summary Judgment Application / Summary Judgment Application in District Court
Outcome
Summary judgment granted for Plaintiff
Legal Topics
Dishonoured Cheque, Consideration, Summary Judgment, Security for Debt, Bills of Exchange S27
Source Language
EN
Civil Contract Negotiable Instruments Enforcement Dishonoured Cheque Consideration Summary Judgment Security for Debt +1 more

Case Brief

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Procedural Posture

Dishonoured Cheque / Debt Recovery Summary Judgment Application / Summary Judgment Application in District Court

Legal Issues

  1. 1 Whether the consideration for the disputed cheques has failed
  2. 2 Whether a payment by instalment agreement existed between the parties
  3. 3 Whether cheques issued as security or for partial payment constitute valid consideration

Ratio Decidendi

Defendant failed to establish any arguable defence: the cheques were supported by consideration either because they were issued pursuant to the instalment agreement (as admitted by defendant's counsel) or because they constituted security and/or partial payment of an antecedent debt, and section 27 deems antecedent debt valuable consideration; accordingly summary judgment was properly entered for the plaintiff.

Court Disposition

Summary judgment granted for Plaintiff

Orders

  • Summary judgment entered for Plaintiff in the sum of 294350 HKD