12 Dec 2000
LARK INTERNATIONAL FINANCE LTD. v. LAM KIM MARISA t/a KAM SANG CO. AND ANOTHER
- Citation
- LARK INTERNATIONAL FINANCE LTD. v. LAM KIM MARISA t/a KAM SANG CO. AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACV146/2000
Appeal allowed: (1) trial judges finding of personal liability on the cheques set aside because the cheque form and chop constituted a composite signature attributable to Kam Sang Co. and the 2nd defendant signed as authorised signatory, not personally liable; (2) trial was unfair on the new cause of action introduced at the start of trial without adequate adjournment or representation for the 2nd defendant, warranting retrial limited to paragraphs 4 and 6 of the amended statement of claim; (3) judge erred in awarding more than the sum recoverable as of the date of the writ (max HK$1.7m for…