Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Accommodation party liability

Legal area

Court

17 Feb 2004

WELLSHIP CO LTD v. NGAN CHUNG LEUNG

Citation

WELLSHIP CO LTD v. NGAN CHUNG LEUNG
Court

Court of First Instance
Case number

HCA3606/2001

Judge preferred plaintiff's witnesses as truthful and the defendant as evasive; found on balance of probabilities that defendant orally guaranteed payment and signed the back of the cheques as evidence of that guarantee; accordingly defendant was liable for the amount of the dishonoured cheques.
16 Apr 1981

WING LEE SECUTITIES AND INVESTMEN CO v. CHAN CHAK WAH AND OTHERS

Citation

WING LEE SECUTITIES AND INVESTMEN CO v. CHAN CHAK WAH AND OTHERS
Court

Court of First Instance
Case number

HCA5006/1980

The judge found on credibility and facts that the 3rd defendant willingly signed the endorsement with knowledge of its legal effect, there was no duress or fraud, and the plaintiff gave notice of dishonour; therefore the 3rd defendant was an accommodation party liable for the $3,000,000 on the cheque, with interest and costs.