9 Jul 2009
MEDIA ASIA DISTRIBUTION LTD v. CHINA CULTURE PROGRAM INVESTMENT LTD
- Citation
- MEDIA ASIA DISTRIBUTION LTD v. CHINA CULTURE PROGRAM INVESTMENT LTD
- Court
- Court of First Instance
- Case number
- HCA1244/2008
On the evidence the defendant, by issuing the post-dated cheques with knowledge of the negotiations, impliedly requested the plaintiff to forbear to sue Fu Si so that the plaintiff's forbearance constituted valid consideration; consequently the defendant was liable on the 8 dishonoured cheques and there was no defence establishing total failure of consideration; even if an accommodation party, defendant remained liable as holder for value; summary judgment for HK$2,000,000 was appropriate.