ZHANG FUZHU v. COSMIC DITIGAL TECHNOLOGY CO., LTD

ZHANG FUZHU v. COSMIC DITIGAL TECHNOLOGY CO., LTD

Defendant failed to particularize or produce sufficient evidence to establish a triable issue that the employment contract was sham or that the cheques were fraudulently issued; plaintiff produced bank evidence of salary payments and the presumption in cheque cases favors enforcement, therefore summary judgment for the plaintiff was appropriate.

Citation
ZHANG FUZHU v. COSMIC DITIGAL TECHNOLOGY CO., LTD
Parties
Plaintiff: Plaintiff; Defendant (company): Defendant
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
3 February 2009
Case Number
DCCJ3468/2008
Procedural Posture
Summary Judgment on Dishonoured Cheques (civil/commercial) / Decision on Order 14 Application / Summary Judgment Hearing and Judgment Delivered
Outcome
Summary judgment granted for the plaintiff against the defendant
Legal Topics
Dishonoured Cheques, Summary Judgment, Sham Employment Contract, Liquidators' Inquiries, Forgery Allegations, Misfeasance
Source Language
EN
Civil Commercial Employment Law Insolvency Banking and Negotiable Instruments Dishonoured Cheques Summary Judgment Sham Employment Contract +3 more

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Parties

Plaintiff

Plaintiff

Defendant

Defendant (company)

Procedural Posture

Summary Judgment on Dishonoured Cheques (civil/commercial) / Decision on Order 14 Application / Summary Judgment Hearing and Judgment Delivered

Legal Issues

  1. 1 Whether the defendant established a triable issue to resist summary judgment on four dishonoured cheques
  2. 2 Whether the employment contract of 1 September 2007 was genuine or a sham
  3. 3 Whether the cheques were fraudulently issued or contained forged signatures

Ratio Decidendi

Defendant failed to particularize or produce sufficient evidence to establish a triable issue that the employment contract was sham or that the cheques were fraudulently issued; plaintiff produced bank evidence of salary payments and the presumption in cheque cases favors enforcement, therefore summary judgment for the plaintiff was appropriate.

Court Disposition

Summary judgment granted for the plaintiff against the defendant

Orders

  • Summary judgment against the defendant for the claim on four dishonoured cheques
  • Costs to plaintiff to be taxed if not agreed with certificate for counsel