Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Cheque/bill of exchange

Legal area

Court

3 May 2005

PACIFIC SMART (HK) LTD v. DYNAMIC INDUSTRIES CO LTD

Citation

PACIFIC SMART (HK) LTD v. DYNAMIC INDUSTRIES CO LTD
Court

Court of First Instance
Case number

HCA2438/2004

The cheques are separate negotiable instruments treated as cash; the plaintiff failed to establish total failure of consideration or any conditional delivery of the cheques based on merchantable quality; therefore the defence to payment on the cheques fails and the Order 14 judgment for the defendant must stand.
24 Oct 1980

CHOI LIN-CHI v. KOBAYASHI (HK) LTD

Citation

CHOI LIN-CHI v. KOBAYASHI (HK) LTD
Court

Court of Appeal
Case number

CACV137/1980

The Court held that consideration existed because the second account was opened and dealings commenced, so there was no failure of consideration; and because no fraud or invalidity was alleged, the limited exceptions to permitting defences to a bill of exchange did not apply, therefore leave to enter final judgment under Order 14 should be given and the Registrar's order restored.