7 Mar 1984
ROSITA CHUI SHUM CHING SUM v. PHILIP T. TAN
- Citation
- ROSITA CHUI SHUM CHING SUM v. PHILIP T. TAN
- Court
- Court of First Instance
- Case number
- HCA12426/1983
Where a bill given in satisfaction or suspension of a debt has been negotiated away, the creditor must have the bill in his possession at the date of commencement of the action to pursue the original debt after dishonour; possession obtained only at trial or not shown to be bona fide at commencement defeats the right to sue. Because the plaintiff did not plead possession at commencement, she must be allowed to amend and file affidavit evidence before the claim may proceed.