7 Aug 1997
TOYO ADVERTISING COMPANY LIMITED v. CHEUNG CHUNG FAT trading as KIN SHING COMPANY
- Citation
- TOYO ADVERTISING COMPANY LIMITED v. CHEUNG CHUNG FAT trading as KIN SHING COMPANY
- Court
- Court of Appeal
- Case number
- CACV67/1996
The Court of Appeal allowed the appeal and set aside the District Judge's order and consequent final judgment because the District Judge erred in requiring payment into court under Rule 27(1)(b) where the defence disclosed a reasonable ground; the fraud allegation, read with available evidence and pleadings, disclosed a triable issue and deficiencies could be remedied under Rule 38A, so the defendant should be permitted to defend without conditional payment.