Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Presentment and notice of dishonour
  • 12 Mar 1986

    CHOW HAK SING v. CHAU SAU SUEN

    Citation
    CHOW HAK SING v. CHAU SAU SUEN
    Court
    Court of First Instance
    Case number
    HCA809/1985

    Defendant's signature did not create indorser liability because the plaintiff remained a bearer-holder both before and after the signature with no consideration or change of position flowing from the defendant to the plaintiff; the defendant's signature was mere re-delivery and surplusage and did not convert plaintiff into a holder in due course, so defendant is not liable; additionally presentment was prematurely made so notice would have been invalid, and on alternative analysis lack of consideration and absence of accommodation/backing at the time the plaintiff obtained the cheques preclud…