THE CHINA STATE BANK LTD. v. WONG CHUN YING t/a WING FUNG HONG CO.

HCA010825A/1999

HCA10825/1999

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO.10825 OF 1999

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BETWEEN
	THE CHINA STATE BANK LIMITED	Plaintiff
	AND
	WONG CHUN YING trading as WING FUNG HONG COMPANY	Defendant (Judgment Debtor)

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Coram: Hon Waung J in Chambers

Date of Hearing: 13 June 2000

Date of Judgment: 13 June 2000

 

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J U D G M E N T

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1. This is an appeal by the defendant from the summary judgment granted by the master in favour of the plaintiff against the defendant in respect of two cheques : one in the sum of $550,00, the other in the sum of $600,000, totalling the sum of $1.15 million and the payment for which had not been made. The plaintiff had sued the defendant as drawer of the cheque, and it claims as holder in due course under section 29 of the Bills of Exchange Ordinance.

2. There is no dispute that the essential requirements of the section have been fulfilled, namely, first, that the cheques were complete and regular on their face and that the plaintiff took the cheques before they were overdue. When the plaintiff took the cheques, they were without notice that there was any defect in the title of the person who negotiated them, and that they took them in good faith and for value. None of these aspects had been disputed or are disputable.

3. It seems to me, therefore, that all the requirements of section 29 have been fulfilled and the plaintiff is clearly a holder in due course of the two cheques. There is no defence to the claim and the master was quite right in granting summary judgment.

4. The appeal therefore must be dismissed with costs to the plaintiff.

 

 

 

Representation:

Ms Glenys Newall, instructed by Messrs K.W. Ng & Co., for the Plaintiff

Defendant in person, present

 

HCA010825/1999

HCA10825/1999

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO.10825 OF 1999

-------------

BETWEEN
	THE CHINA STATE BANK LIMITED	Plaintiff
	AND
	WONG CHUN YING trading as WING FUNG HONG COMPANY	Defendant (Judgment Debtor)

-------------

Coram: Hon Waung J in Chambers

Date of Hearing: 6 April 2000

Date of Judgment: 6 April 2000

 

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J U D G M E N T

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1. This is the hearing of an appeal by the defendant from a refusal by the master to set aside a default judgment

2. The hearing before the master took place on 31 March, and the next day, my understanding is that the defendant applied for legal aid. By a Memorandum of Notification of Application to Legal Aid dated 3 April 2000, the court was notified that the defendant had applied for legal aid. It follows, therefore, that the normal procedure would be that the automatic stay of 42 days will apply.

3. The question before me today is whether I should lift the stay of proceedings. In coming to the decision of whether I should exercise my discretion to lift the stay of proceedings, I take into account, in particular, two matters : firstly, as to whether there might be some merits to the defence to the action by the defendant; and secondly, whether there is any reason or justification for the late application for legal aid.

4. Having heard arguments from both sides, I am satisfied that there are reasonable grounds for the defendant to justify both the late application as well as the defence to the action. On the merit of the case, there is possible ground to argue that the plaintiff is not a holder in due course, and I certainly accept that there is a reasonable ground put before the court as to why there was not an earlier application for legal aid.

5. In the circumstances, I decline to exercise my discretion to lift the statutory stay of proceedings. It follows, therefore, that the hearing of today's appeal must be adjourned to a new date and the costs of today's hearing would be costs in the appeal.

 

 

 

Representation:

Miss Glenys Newall, instructed by Messrs K.W. Ng & Co., for the Plaintiff

Defendant in person, present.