9 Oct 2019
ATOM XQUARE LTD (formerly known as ATOM XQUARE CORPORATION LIMITED v. ARIST HOME LTD AND ANOTHER
- Citation
- [2019] HKCFI 2488
- Court
- Court of First Instance
- Case number
- HCA1511/2017
The judge concluded there was no credible or arguable defence to the claim on the dishonoured second cheque: the evidence and commercial context rebutted the alleged conditional delivery/oral agreement; there was sufficient consideration (continued performance/forbearance) so no total failure of consideration; the fraud exception did not apply; arbitration/jurisdictional points were waived or untimely. Therefore summary judgment was properly entered and the appeal was dismissed.