PROCEED SHIPPING AGENCY LTD. v. CARWAY INTERNATIONAL LTD.

PROCEED SHIPPING AGENCY LTD. v. CARWAY INTERNATIONAL LTD.

The appellant failed to demonstrate a real and bona fide defence: the contract identified the appellant as buyer, goods were delivered, the cheque was given pursuant to the contract and was dishonoured with subsequent partial payments; appellant's allegations were unsupported and inherently incredible; therefore the conditional leave to defend was set aside and judgment entered for the respondent.

Citation
PROCEED SHIPPING AGENCY LTD. v. CARWAY INTERNATIONAL LTD.
Parties
Plaintiff/respondent: PROCEED SHIPPING AGENCY LIMITED; Defendant/appellant: CARWAY INTERNATIONAL LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
29 October 1999
Case Number
HCA20677/1998
Procedural Posture
Civil Contract (debt Recovery) / Appeal (rehearing) From Master Kwan's Conditional Leave to Defend Order; Judgment at First Instance
Outcome
Set aside Master Kwan's conditional leave to defend; judgment entered for Plaintiff/Respondent for the sum claimed with interest and costs
Legal Topics
Summary Judgment, Conditional Leave to Defend, Dishonoured Cheque, Consideration, Fraud, Agency, Costs and Interest
Source Language
EN
Contract Civil Procedure Commercial Law Debt Recovery Summary Judgment Conditional Leave to Defend Dishonoured Cheque Consideration +3 more

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Parties

PROCEED SHIPPING AGENCY LIMITED

Plaintiff/respondent

CARWAY INTERNATIONAL LIMITED

Defendant/appellant

Procedural Posture

Civil Contract (debt Recovery) / Appeal (rehearing) From Master Kwan's Conditional Leave to Defend Order; Judgment at First Instance

Legal Issues

  1. 1 Whether the Appellant demonstrated a real and bona fide defence to obtain conditional leave to defend
  2. 2 Whether there was total failure of consideration for the cheque given under the contract
  3. 3 Whether the cheque was obtained by fraud or misrepresentation

Ratio Decidendi

The appellant failed to demonstrate a real and bona fide defence: the contract identified the appellant as buyer, goods were delivered, the cheque was given pursuant to the contract and was dishonoured with subsequent partial payments; appellant's allegations were unsupported and inherently incredible; therefore the conditional leave to defend was set aside and judgment entered for the respondent.

Court Disposition

Set aside Master Kwan's conditional leave to defend; judgment entered for Plaintiff/Respondent for the sum claimed with interest and costs

Orders

  • Order setting aside conditional leave to defend granted by Master Kwan
  • Judgment for the Plaintiff/Respondent for HKD 3,840,587.47 with interest