AMERICAN EXPRESS INTERNATIONAL INC v. TING WAI KWAN AND ANOTHER

AMERICAN EXPRESS INTERNATIONAL INC v. TING WAI KWAN AND ANOTHER

Uncontroverted affidavit evidence that the 2nd defendant re-applied, requested reconsideration, and paid joining/annual fees established he had accepted the cardholder terms and disclosed no bona fide defence; accordingly summary judgment under RSC O.14 was properly entered and the appeal was dismissed.

Source-derived case information.

Citation
AMERICAN EXPRESS INTERNATIONAL INC v. TING WAI KWAN AND ANOTHER
Parties
Plaintiff/respondent: American Express International Inc.; 1st Defendant: Ting Wai Kwan; 2nd Defendant/appellant: Tang Chi Hung trading as Holland Electronic Trading Company
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
4 January 1991
Case Number
CACV143/1990
Procedural Posture
Civil Appeal / Appeal From Summary Judgment Under RSC O.14 (order for Damages to Be Assessed)
Outcome
Appeal dismissed
Legal Topics
Summary Judgment, Cardholder Agreement, Unauthorised Use of Card, Notice Requirements, Limitation of Liability Clause
Source Language
en
Contract Civil Procedure Commercial Law Summary Judgment Cardholder Agreement Unauthorised Use of Card Notice Requirements Limitation of Liability Clause

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Parties

American Express International Inc.

Plaintiff/respondent

Ting Wai Kwan

1st Defendant

Tang Chi Hung trading as Holland Electronic Trading Company

2nd Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Summary Judgment Under RSC O.14 (order for Damages to Be Assessed)

Legal Issues

  1. 1 Whether the 2nd defendant was bound by the cardholder agreement and jointly liable for charges
  2. 2 Whether the 2nd defendant disclosed a bona fide defence sufficient to resist summary judgment under RSC O.14
  3. 3 Whether an oral instruction to cancel the card was effective given contractual notice provisions

Ratio Decidendi

Uncontroverted affidavit evidence that the 2nd defendant re-applied, requested reconsideration, and paid joining/annual fees established he had accepted the cardholder terms and disclosed no bona fide defence; accordingly summary judgment under RSC O.14 was properly entered and the appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Costs of the appeal to be paid by the 2nd defendant and to be taxed on a common fund basis