12 Nov 2024
INTEGRATED CAPITAL (ASIA) LTD v. CHAN TING
- Citation
- [2024] HKCFI 3242
- Court
- Court of First Instance
- Case number
- HCA1778/2022
The judge held that the defendant raised an arguable cheque-specific defence because the written loan agreements objectively supported that the undated cheques were delivered as conditional security and could only be used after specified events of default and written notice (Clause 13.2); those factual issues were hotly disputed and not suitable for summary determination. Because triable issues existed in respect of both the dishonoured cheques and the loans (including factual disputes about settlement and enforcement of security and procedural compliance under the loan terms), the appeal was…