2 Dec 2011
SZETO MING AND ANOTHER v. LI MAN KEE GAILEY
- Citation
- SZETO MING AND ANOTHER v. LI MAN KEE GAILEY
- Court
- Court of Appeal
- Case number
- CACV80/2011
The appeal was dismissed because the trial judge was not plainly wrong: the defendant's written note and delivery of the cheque constituted an express appropriation to the cash loan which the plaintiffs accepted by depositing the cheque on 11 October 2002, any subsequent oral instruction was ineffective to change that appropriation, the unpleaded third‑party payment defence was properly excluded, and the judge's calculation of outstanding shares, dividends and damages in lieu was sustainable.