謝松發 v. 蕭天財所經營之協成汽車修理公司

謝松發 v. 蕭天財所經營之協成汽車修理公司

On the evidence the cheques were issued as conditional deposits to be used only after the defendant obtained compensation; the dates on the cheques were materially altered without the drawer's consent and the plaintiff failed to prove authorized alteration, therefore the material alterations invalidated the cheques...

Source-derived case information.

Citation
謝松發 v. 蕭天財所經營之協成汽車修理公司
Parties
Plaintiff: Plaintiff; Defendant: Siu Tin Choi
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
10 June 2016
Case Number
DCCJ1166/2013
Procedural Posture
Civil Claim Dishonoured Cheques / Judgment
Outcome
Plaintiff's claim dismissed
Legal Topics
Dishonoured Cheque, Material Alteration, Bills of Exchange Ordinance, Failure of Consideration, Parol Evidence, Burden of Proof, Forgery Allegation, Costs
Source Language
en
Commercial Law Negotiable Instruments Contract Law Evidence Civil Procedure Dishonoured Cheque Material Alteration Bills of Exchange Ordinance +5 more

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Summary, issues, holding and outcome

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Parties

Plaintiff

Plaintiff

Siu Tin Choi

Defendant

Procedural Posture

Civil Claim Dishonoured Cheques / Judgment

Legal Issues

  1. 1 What was the purpose for issue of the two cheques and whether subject to conditions
  2. 2 Whether the dates of the two cheques were altered by the drawer or without authorization
  3. 3 Whether there was total failure of consideration for the cheques

Ratio Decidendi

On the evidence the cheques were issued as conditional deposits to be used only after the defendant obtained compensation; the dates on the cheques were materially altered without the drawer's consent and the plaintiff failed to prove authorized alteration, therefore the material alterations invalidated the cheques and the plaintiff's claim fails.

Court Disposition

Plaintiff's claim dismissed

Orders

  • Claim dismissed
  • Costs order nisi: Plaintiff to pay Defendant's costs of the action with certificate for counsel to be taxed if not agreed