Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Discharge by payment

Legal area

Court

9 Jun 2004

CHAN, LEUNG & CHEUNG (a firm) v. CHU WAI LAN

Citation

CHAN, LEUNG & CHEUNG (a firm) v. CHU WAI LAN
Court

District Court
Case number

DCCJ4770/2003

The appeal is dismissed and the stay refused because the defendant failed to specifically plead the central issues (discharge by payment and the authority/consent of the former partner); the court will not resolve these unpleaded issues on an interlocutory application and the plaintiffs are entitled to proceed with the action subject to any proper amendment of the defence.
19 May 2004

READY SYSTEM ENGINEERING LTD v. SHU KIN WAI KENNY

Citation

READY SYSTEM ENGINEERING LTD v. SHU KIN WAI KENNY
Court

Court of Appeal
Case number

CACV352/2003

The appeal was allowed because the defendant had arguable defences (existence of a collateral contract and discharge of the loans by set-off/payment) which could not properly be resolved on summary judgment; accordingly the summary judgment was set aside and unconditional leave to defend was granted.
25 Jan 1969

CHAN CHIU HUNG v. HAU PING AND ANOTHER

Citation

CHAN CHIU HUNG v. HAU PING AND ANOTHER
Court

District Court
Case number

DCCJ10298/1968

The plaintiff's evidence was held to be more credible; the cheque was validly negotiated to the plaintiff for value within about three months of its date, there was no evidence of discharge by payment under Section 59, and therefore the defendant remained liable on the dishonoured cheque.