Hong Kong Case Law: Decisions & Judgments

Topic

Running accounts

Legal area

Court

22 Feb 2001

CHENG MAN YAU v. WAH SING TRAVEL SERVICE LTD.

Citation

CHENG MAN YAU v. WAH SING TRAVEL SERVICE LTD.
Court

Court of First Instance
Case number

HCA17724/1999

The appeal is allowed because there are real disputes of fact about alleged cash payment and remittance that justify permitting the Defendant to defend, but because the defence is tenuous the court will grant leave to defend only on condition that the Defendant pays the disputed sum into court (HK$260,000 within 14 days); failure to comply will result in dismissal of the appeal with costs.
22 Feb 2001

CHENG MAN YAU v. FORWARD DEVELOPMENT CO.

Citation

CHENG MAN YAU v. FORWARD DEVELOPMENT CO.
Court

Court of First Instance
Case number

HCA17727/1999

Because there were real and substantive disputes of fact about whether a cash payment and remittance occurred and whether mistakes existed in the running accounts, summary judgment was inappropriate; however given the tenuous nature of the Defendant's defence justice required conditional leave to defend subject to payment into court of the disputed sum within a fixed time, failing which the appeal would be dismissed.
22 Feb 2001

CHENG MAN YAU v. CHENG KIN PING

Citation

CHENG MAN YAU v. CHENG KIN PING
Court

Court of First Instance
Case number

HCA17725/1999

Although the Defendant's defence was weak and tenuously supported, there existed a real dispute of fact about cash payment/remittance and accuracy of running accounts sufficient to defeat summary judgment; accordingly the summary judgment was set aside and conditional leave to defend was granted subject to payment into court of the disputed sum within a fixed time.

Hong Kong Case Law

CHENG MAN YAU v. WAH SING TRAVEL SERVICE LTD.

CHENG MAN YAU v. FORWARD DEVELOPMENT CO.

CHENG MAN YAU v. CHENG KIN PING