WIN CENTURY INVESTMENT LTD. v. SUN TING TINA

WIN CENTURY INVESTMENT LTD. v. SUN TING TINA

The court found there was consideration when the cheque was issued and dishonoured; the alleged settlement was unsigned and the evidence unconvincing; the rental deposit did not defeat the Plaintiff's claim; accordingly judgment was entered for the Plaintiff for $180,000 with interest and costs.

Citation
WIN CENTURY INVESTMENT LTD. v. SUN TING TINA
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
13 February 2003
Case Number
DCCJ6216/2002
Procedural Posture
Civil Debt / Dishonoured Cheque / Appeal (re Hearing); Judgment Delivered
Outcome
Judgment for the Plaintiff
Legal Topics
Dishonoured Cheque, Consideration, Rental Deposit, Settlement Agreement, Forbearance to Sue
Source Language
EN
Contract Negotiable Instruments Debt Recovery Landlord and Tenant Civil Procedure Dishonoured Cheque Consideration Rental Deposit +2 more

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Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Civil Debt / Dishonoured Cheque / Appeal (re Hearing); Judgment Delivered

Legal Issues

  1. 1 Whether the dishonoured cheque was supported by consideration
  2. 2 Whether a purported settlement using the rental deposit discharged the cheque debt
  3. 3 Whether the rental deposit could be applied to pay rent absent a signed agreement

Ratio Decidendi

The court found there was consideration when the cheque was issued and dishonoured; the alleged settlement was unsigned and the evidence unconvincing; the rental deposit did not defeat the Plaintiff's claim; accordingly judgment was entered for the Plaintiff for $180,000 with interest and costs.

Court Disposition

Judgment for the Plaintiff

Orders

  • Judgment for the Plaintiff in the sum of $180,000.00
  • Interest at 1% above prime per annum from 20/8/02 until judgment and thereafter at judgment rate until satisfaction of the judgment debt