2 Oct 2002
WELLSHIP CO. LTD. v. NGAN CHUNG LEUNG
- Citation
- WELLSHIP CO. LTD. v. NGAN CHUNG LEUNG
- Court
- Court of Appeal
- Case number
- CACV174/2002
The Court allowed the appeal, set aside the summary judgment and granted unconditional leave to defend because there were genuine disputed facts and credibility issues about why the defendant's signatures appeared on the cheques (including a second affirmation explaining the circumstances), and because liability under s.28 depended on the same factual question of whether a personal guarantee was given, making summary disposal inappropriate.