22 Sept 1992
AST RESEARCH (FAR EAST) LTD. v. WOND WAI WO, RICHARD t/a TREND ENTERPRSES CO.
- Citation
- AST RESEARCH (FAR EAST) LTD. v. WOND WAI WO, RICHARD t/a TREND ENTERPRSES CO.
- Court
- Court of Appeal
- Case number
- CACV57/1992
The appeal was dismissed because the instruments were not shown to effect payment: even if construed as drafts they were conditional and were dishonoured when presented, so the plaintiffs did not obtain what they bargained for; the defendant failed to discharge the onus in Order 14 by filing affidavits or seeking interlocutory assistance and did not justify leave to defend (which if granted would require payment into court); alternative defences under s.74 and factual allegations about the Bank of Credit and Commerce were not shown to have a relevant connection to the parties' liabilities.