15 Jun 2012
HO SHUI CHEE v. HU XUAN MING RAYMOND AND ANOTHER
- Citation
- HO SHUI CHEE v. HU XUAN MING RAYMOND AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA1559/2011
The court found the cheques were delivered operatively as security and payable on demand; the defendants' oral agreement claiming conditional delivery to defeat liability was inadmissible as contradicting the written instruments and was inherently unbelievable on the facts; the cheques were supported by consideration (the loans) and the second defendant signed as indorser such that the plaintiff, as holder in due course of at least two cheques, was entitled to summary judgment on the loans claim for HK$1,000,000; only cheque no. 483722 raised a triable issue but that did not prevent summary j…