29 May 1985
LAW KWAN WAH t/a LAW KWAN FAT NOODLES FACTORY v. KWOK KWAN CHO
- Citation
- LAW KWAN WAH t/a LAW KWAN FAT NOODLES FACTORY v. KWOK KWAN CHO
- Court
- Court of Appeal
- Case number
- CACV65/1985
The Court held that the defendant's affirmation did not disclose admissible evidence of a condition or escrow negating the contractual effect of the first cheque for $80,000; consequently summary judgment for $80,000 was upheld. However, the defendant's averment regarding the $20,000 cheque raised a sufficiently arguable but implausible lack-of-consideration defence to justify conditional leave to defend provided the defendant pays $20,000 into court.