LI WAI MAN v. YIP KAM FAI

LI WAI MAN v. YIP KAM FAI

The judge found the defendant's affidavit credible and that the defence of total failure of consideration had a realistic prospect of success; therefore summary judgment was inappropriate and the defendant was granted unconditional leave to defend.

Citation
LI WAI MAN v. YIP KAM FAI
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 July 1999
Case Number
HCA5089/1999
Procedural Posture
Civil Summary Judgment Application on a Dishonoured Cheque / Interlocutory (application for Summary Judgment / Leave to Defend)
Outcome
Application for summary judgment refused; defendant granted unconditional leave to defend.
Legal Topics
Summary Judgment, Total Failure of Consideration, Dishonoured Cheque, Undated/blank Cheque Payee Issues
Source Language
EN
Civil Procedure Contract Negotiable Instruments Commercial Law Summary Judgment Total Failure of Consideration Dishonoured Cheque Undated/blank Cheque Payee Issues

Case Brief

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Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Civil Summary Judgment Application on a Dishonoured Cheque / Interlocutory (application for Summary Judgment / Leave to Defend)

Legal Issues

  1. 1 Whether the defendant's defence of total failure of consideration is credible and has a realistic prospect of success such that summary judgment should be refused
  2. 2 Whether a summary judgment on a dishonoured cheque is appropriate where the cheque had a blank date and possibly a blank payee
  3. 3 Whether the cheque was delivered unconditionally or as security and the legal effect of that delivery

Ratio Decidendi

The judge found the defendant's affidavit credible and that the defence of total failure of consideration had a realistic prospect of success; therefore summary judgment was inappropriate and the defendant was granted unconditional leave to defend.

Court Disposition

Application for summary judgment refused; defendant granted unconditional leave to defend.

Orders

  • Defendant granted unconditional leave to defend.
  • Hearing to be listed to hear counsel on directions to facilitate a speedy resolution of the dispute.