Hong Kong Case Law: Decisions & Judgments

Topic

Post-dated cheques

Legal area

Court

19 Jan 2018

東莞市枝記市場投資管理有限公司 AND ANOTHER v. YIP KWOK CHI

Citation

[2018] HKCA 26
Court

Court of Appeal
Case number

CACV153/2017

The Court dismissed the appeal with costs: the trial judge was entitled to accept the 2nd plaintiff's evidence on the 2nd Debt based on contemporaneous documents (three batches of cheques each totalling $850,000) and to reject other aspects of his evidence; there was no breach of the rule in Browne v Dunn and no basis to disturb the judge's findings of fact or costs discretion.
8 Dec 2017

YU LAI WA v. WONG TAK CHI

Citation

YU LAI WA v. WONG TAK CHI
Court

District Court
Case number

DCCJ2075/2015

The judge accepted the plaintiff's account as more credible and corroborated by contemporaneous documents (IOUs, receipts, bank deposit evidence and cheque numbering), rejected the defendant's inconsistent account and evidence, found no contravention of s24 MLO on the evidence, allowed set-off of HK$100,000 against the first loan and entered judgment for the plaintiff for the outstanding balance of HK$210,000 with interest and costs.
17 Jan 2017

RIVER VALLEY INVESTMENTS LTD v. WONDERFUL MIND LTD

Citation

RIVER VALLEY INVESTMENTS LTD v. WONDERFUL MIND LTD
Court

District Court
Case number

DCCJ651/2011

Defendant failed to prove the existence of the alleged oral supplemental agreement to withhold HK$800,000; the plaintiff's evidence was more credible and consistent with the documentary record (including retention and later banking of the post-dated cheque and lack of written agreement), therefore the defendant is liable to pay the outstanding HK$800,000 with interest and costs follow the event.
5 Dec 2016

NG KONG SHEEN SMILE INTERNATIONAL INVESTMENT LTD v. COLOR BRIDGE INDUSTRIAL CO LTD

Citation

NG KONG SHEEN SMILE INTERNATIONAL INVESTMENT LTD v. COLOR BRIDGE INDUSTRIAL CO LTD
Court

Court of First Instance
Case number

HCA1551/2013

The court held that cheques issued to the plaintiff as security for third‑party debts were supported by valuable consideration because the creditor's forbearance to sue constituted consideration sufficient to support a simple contract under s.27(1); the plaintiff established a prima facie case and the defendant failed to show any triable issue, therefore summary judgment was properly granted for the plaintiff.
26 Jan 2016

KO NGA CHUN v. COMPANHIA DE DESENVOL VIMENTO WUI SAN LIMITADA AND ANOTHER

Citation

KO NGA CHUN v. COMPANHIA DE DESENVOL VIMENTO WUI SAN LIMITADA AND ANOTHER
Court

Court of First Instance
Case number

HCA277/2012

Leave granted for the plaintiff to amend the Statement of Claim because the proposed amendments merely articulate factual particulars already contained in witness statements, are necessary to inform the opponent of the case to be met at trial and to avoid exclusion of those matters at trial; therefore amendments fall within O.20 r.8(1A). Costs of the application are to the defendants (to be taxed if not agreed) and costs of the hearing awarded to the plaintiff assessed at HK$40,000 payable within 14 days; consequential timetabling orders made for filing, service, counsel's advice and further…
28 Oct 2015

MAK YUNG NIN v. LI WING YIU SAMUEL

Citation

MAK YUNG NIN v. LI WING YIU SAMUEL
Court

District Court
Case number

DCCJ1965/2015

The Letter was admissible because it sought accommodation and did not evidence a bona fide settlement of a dispute; the alleged oral 'Common Understanding' was inadmissible under the parol evidence rule because the post-dated cheques had been delivered operatively under the written Agreement and the oral evidence attempted to qualify/defeat liability on those cheques. The defendant failed to raise a believable triable issue; summary judgment for $360,000 with interest and costs was granted.
25 Nov 2014

RE LO FONG SANG

Citation

RE LO FONG SANG
Court

Court of First Instance
Case number

HCB2118/2013

The court found the petitioner and his witnesses credible and the debtor and his witnesses not credible, concluded interest was contractually payable (1.2% monthly, 14.4% p.a.), that the cheques and other payments were for interest only so none of the principal was repaid, and therefore a debt of $500,000 was due and unpaid, justifying a bankruptcy order against the debtor.
28 May 2014

RE KE JUNXIANG

Citation

RE KE JUNXIANG
Court

Court of First Instance
Case number

HCB5542/2013

The court found the petitioner's account internally inconsistent and unsupported by documentary evidence while the respondent's account was consistent with documents; because the debt was shown to be disputed on substantial grounds the bankruptcy petition was dismissed.
22 May 2013

JUNG CHUEN BAKELITE & JUNG CHUEN BAKELITE & PLASTIC MANUFACTORY LTD v. SEMK INDUSTRIAL (HOLDINGS) CO LTD

Citation

JUNG CHUEN BAKELITE & JUNG CHUEN BAKELITE & PLASTIC MANUFACTORY LTD v. SEMK INDUSTRIAL (HOLDINGS) CO LTD<br>
Court

District Court
Case number

DCCJ2567/2010

Judge preferred defendant's witness (Lau) and found that an extension was agreed on 15 October 2012, the defendant altered its position in reliance (countermanded cheque, incurred fee, deposited replacement cheque) and promissory estoppel therefore barred the plaintiff from enforcing the original terms of the consent order; accordingly the plaintiff's summons for judgment was dismissed and costs were ordered against the plaintiff on an indemnity basis.
25 Aug 2011

HARVEST INDUSTRIAL (HK) CO LTD v. NG NG YEUNG AND ANOTHER

Citation

HARVEST INDUSTRIAL (HK) CO LTD v. NG NG YEUNG AND ANOTHER
Court

District Court
Case number

DCCJ175/2010

Ng, as sole shareholder and director, drew MS's post-dated cheques while MS was effectively insolvent and there was no genuine objective intention or prospect that the cheques would be honoured; the court therefore pierced the corporate veil and held Ng personally liable for the company's debt for the value of the dishonoured cheques.