18 Feb 2015
CHINA FINANCE & ASSETS MANAGEMENT LTD v. LAFE PROPERTIES (HONG KONG) LTD
- Citation
- CHINA FINANCE & ASSETS MANAGEMENT LTD v. LAFE PROPERTIES (HONG KONG) LTD
- Court
- Court of First Instance
- Case number
- HCA526/2010
The court found on objective construction of the agreement and contemporaneous documents that the contracting party identified by company number 4650 was China Finance Samoa, not the plaintiff, and rejected the plaintiff's late, uncorroborated claim of a clerical mistake; extrinsic oral evidence attempting to place the cheque in escrow or to vary its unconditional nature failed the parol evidence rule or was not proved; statutory and unconscionability defences also failed; because the plaintiff was not the payee the action on the dishonoured cheque was dismissed and counterclaims failed.