BANK OF CHINA V CHEW KEAN KOR (1).DOC - Page 1 Malayan Law Journal Reports/1963/Volume 1/BANK OF CHINA v CHEW KEAN KOR[1963 1 MLJ 41 17 December 1962 1

BANK OF CHINA V CHEW KEAN KOR (1).DOC - Page 1 Malayan Law...

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Page 1 Malayan Law Journal Reports/1963/Volume 1/BANK OF CHINA v CHEW KEAN KOR - [1963] 1 MLJ 41 - 17 December 1962 1 page [1963] 1 MLJ 41 BANK OF CHINA v CHEW KEAN KOR ACJ PENANG HEPWORTH J CIVIL SUIT NO 158 OF 1962 17 December 1962 Banking -- Collection of interest in principal -- Whether amounting to "carrying on banking business" -- Banking Ordinance, 1958, s 3 Practice and Procedure -- O 15 -- Summary judgment under The collection of interest in respect of a sum owing to a bank before its winding up does not amount to transacting a banking business within the provisions of section 3 of the Banking Ordinance, 1958. Cases referred to Synn Lee & Co Ltd v Bank of China [1961] MLJ 87 Bank of China v Lee Kee Pin [1961] MLJ 40 Re Farm Security Act 1944 [1947] SCR 394 Watkins v Morgan 6 C & P 661 Hudson v Fossett 12 LJCP 141 Florence v Jenings 26 LJCP 274 Hamilton v Brogden 60 LJ Ch 88 APPEAL from the Senior Assistant Registrar in Chambers. RK Sharma for the appellant. Khoo Keat Siew for the respondents. HEPWORTH J This was an appeal from the decision of the Senior Assistant Registrar giving the plaintiffs/respondents leave to sign final judgment under Order 14. The plaintiffs/respondents were a company incorporated in China and having a branch office at the Bank of China Building at Battery Road, Singapore. The defendant/appellant was a merchant trading under the name of Seng Hock & Co. The defendant/appellant had an account with the plaintiffs/respondents' Penang branch. The respondents' claim was for money payable by the appellant to the respondents' Penang branch for money lent by the respondents to the appellant and for money paid by the respondents for the appellant as
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