21 May 2018
CHAN WONG KWAI PETER v. SUN JIAMIN
- Citation
- [2018] HKDC 551
- Court
- District Court
- Case number
- DCCJ778/2016
The court found on the facts that the agent held the cheque to the order of the defendant and the defendant signed the receipt clause thereby accepting the manner of payment, so the initial deposit was paid to the defendant; the plaintiff failed to prove any loss or an available contractual liquidated damages claim (unpleaded and Chinese text crossed out), the cheque was not cashed so return could not be ordered, and consequently the plaintiff's claim for damages and return of deposit was dismissed.