Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Cross-claim/defence against negotiable instrument
  • 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.

    • Summary judgment
    • Cheque/bill of exchange
    • Consideration
    • Failure of consideration
    • Cross-claim/defence against negotiable instrument
    • Leave to defend