19 Dec 1972
CHOO KIM SAN v. THE BANK OF TOKYO LTD
- Citation
- CHOO KIM SAN v. THE BANK OF TOKYO LTD
- Court
- Court of First Instance
- Case number
- HCA2568/1972
On the uncontradicted affidavit evidence and the documents, the drafts and accompanying documents did not comply with the letter of credit (wrong drawer/beneficiary issue, invoice and bill of lading discrepancies, missing required documents) and presentment was defective/out of time; consequently the plaintiff has no real prospect of success and the action is an abuse of process — the statement of claim is struck out and the action stayed; additionally Hong Kong is not the appropriate forum given the locus of the credit and related parties, so a stay is justified.