11 Jan 2021
CHAN SIN YEE v. CHAN SAU SHAN
- Citation
- [2021] HKDC 31
- Court
- District Court
- Case number
- DCCJ3271/2019
The court held the fraud exception was not engaged and granted summary judgment because the plaintiff provided valuable consideration by entering the Last Agreement and accepting the cheque as repayment of the principal; under BOEO s30(1) consideration is prima facie presumed and the undisputed facts established that the cheque was delivered for that purpose, so the defendant's total failure of consideration and conditional delivery defences failed and BOEO ss26/26A were inapplicable.