9 Nov 1995
BANK OF CREDIT AND COMMERCE HONG KONG LTD (IN LIQUIDATION) v. DAYAL N. HARJANI t/a N. VENSIMAL CO (HK)
- Citation
- BANK OF CREDIT AND COMMERCE HONG KONG LTD (IN LIQUIDATION) v. DAYAL N. HARJANI t/a N. VENSIMAL CO (HK)
- Court
- Court of First Instance
- Case number
- HCA4314/1994
The court allowed the appeal because the defendant's affidavit raised a bona fide triable issue — namely that the Nigerian correspondent bank may have surrendered the bill to the drawee thereby discharging the drawee and potentially extinguishing the plaintiff's right to recover from the defendant — and the defence was not so shadowy as to justify conditional leave requiring payment into court; accordingly unconditional leave to defend was granted.