31 Dec 1998
TRUEBELL PLC v. LEUNG FAI MAN t/a TRUEBELL MARKETING CO.
- Citation
- TRUEBELL PLC v. LEUNG FAI MAN t/a TRUEBELL MARKETING CO.
- Court
- Court of First Instance
- Case number
- HCA1242/1997
The Court held the assignment was valid and governed by Hong Kong law (deed under seal and express Hong Kong governing law clause); the Defendant failed to produce credible evidence that Chinese law applied to the assignability of the debt; champerty and lack of consideration arguments failed; the asserted set-off based on Dongguan's alleged repudiation did not raise a triable issue because the Plaintiff had paid and is estopped from pursuing inconsistent claims; there were no triable issues and summary judgment was upheld and the appeal dismissed.