29 Oct 2021
LUK WAI HO v. FANG YU
- Citation
- [2021] HKDC 1345
- Court
- District Court
- Case number
- DCCJ4744/2019
Defendant demonstrated an arguable and believable defence under s21(2)(b) BOEO that the cheque was delivered for a special purpose and not to transfer property; credibility issues and disputed factual matters (including timing, IOU inconsistencies and amount lent) require trial; partial failure and illegality defences were not presently established; therefore summary judgment was inappropriate and the plaintiff's appeal is dismissed.