YEUNG SUET WAH v. CHUI MAN WAI

YEUNG SUET WAH v. CHUI MAN WAI

The defendant failed to demonstrate a real or bona fide defence of total failure of consideration; there was consideration for the cheque as payment of rentals and related charges, so summary judgment was entered for the plaintiff for HK$72,666 with interest, while unconditional leave to defend the counterclaim was...

Source-derived case information.

Citation
YEUNG SUET WAH v. CHUI MAN WAI
Parties
Plaintiff: Yeung Suet Wah; Defendant: Chui Man Wai
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
3 August 2006
Case Number
DCCJ5642/2005
Procedural Posture
Civil Action Dishonoured Cheque / Contract / Interlocutory Judgment Applications Under Order 14
Outcome
Summary judgment entered for plaintiff for HK$72,666 with interest; unconditional leave granted for plaintiff to defend the counterclaim; costs orders as set out
Legal Topics
Summary Judgment, Total Failure of Consideration, Dishonoured Cheque, Counterclaim, Leave to Defend
Source Language
en
Civil Procedure Contract Negotiable Instruments Landlord and Tenant Summary Judgment Total Failure of Consideration Dishonoured Cheque Counterclaim +1 more

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Summary, issues, holding and outcome

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Parties

Yeung Suet Wah

Plaintiff

Chui Man Wai

Defendant

Procedural Posture

Civil Action Dishonoured Cheque / Contract / Interlocutory Judgment Applications Under Order 14

Legal Issues

  1. 1 Whether plaintiff is entitled to summary judgment for HK$72,666 for a dishonoured cheque
  2. 2 Whether defendant has a real or bona fide defence of total failure of consideration to defeat summary judgment
  3. 3 Whether plaintiff should have unconditional leave to defend the defendant's counterclaim for HK$50,000

Ratio Decidendi

The defendant failed to demonstrate a real or bona fide defence of total failure of consideration; there was consideration for the cheque as payment of rentals and related charges, so summary judgment was entered for the plaintiff for HK$72,666 with interest, while unconditional leave to defend the counterclaim was granted.

Court Disposition

Summary judgment entered for plaintiff for HK$72,666 with interest; unconditional leave granted for plaintiff to defend the counterclaim; costs orders as set out

Orders

  • Judgment for the plaintiff; defendant to pay the plaintiff the sum of HK$72,666.00 together with interest at the judgment rate from date of writ until full payment.
  • Unconditional leave for the plaintiff to defend the defendant's counterclaim.