28 Apr 2000
THE HONGKONG CHINESE BANK, LTD. v. DELON PHOTO & HI-FI CENTRE LTD.
- Citation
- THE HONGKONG CHINESE BANK, LTD. v. DELON PHOTO & HI-FI CENTRE LTD.
- Court
- Court of First Instance
- Case number
- HCA373/2000
Extrinsic contemporaneous written conditions which contradict or qualify the unconditional terms of a cheque are inadmissible against an indorsee who took the cheque without notice; where the plaintiff proves it took the negotiable cheque complete and regular, for value and in good faith and without notice of any defect, the plaintiff is a holder in due course entitled to summary judgment; the inscription "A/C PAYEE ONLY" does not prevent negotiability in Hong Kong; procedural defects in affidavit evidence may be cured by subsequent affidavit.