17 Feb 2017
WONG YAU SUI v. MORAL ACCORD LTD AND ANOTHER
- Citation
- WONG YAU SUI v. MORAL ACCORD LTD AND ANOTHER
- Court
- District Court
- Case number
- DCPI1622/2015
LARCO s30 substantively extends the defence of tender before action to unliquidated monetary claims; the defence may be invoked irrespective of whether the claim is quantified or whether the pleaded figure exceeds the tender; the defendants’ pre-action payments (HK$242,139 paid into court together with prior periodical payments forming a total tender of HK$300,000) satisfied the statutory requirements and constituted an amount sufficient to satisfy the plaintiff’s claim, therefore the defence was established and the plaintiff’s claim must be dismissed with costs.