TO PUI KUI AND OTHERS v. HULTUCKTONG CO LTD AND OTHERS
The summons for leave to adduce fresh handwriting expert evidence on signatures of living parties was dismissed because the applicant failed to show sufficient cause to vary prior orders limiting expert evidence to the deceased father's signatures; allowing the application would be unjust, prejudicial, and contrary to consolidation, procedural economy and Civil Justice Reform objectives, particularly where witnesses are available for cross-examination and there has been no change in circumstances or appeal against the prior orders.
- Citation
- TO PUI KUI AND OTHERS v. HULTUCKTONG CO LTD AND OTHERS
- Parties
- 1st Plaintiff HCA 51/2007; 4th Defendant HCA 1040/2009; 4th Defendant HCA 1041/2009: NG KWOK PIU PHILIP; 2nd Plaintiff HCA 51/2007; 2nd Defendant HCA 1040/2009; 2nd Defendant HCA 1041/2009; 1st Plaintiff HCA 188/2010: CONFEDERATED ASSETS GROUP LIMITED; 3rd Plaintiff HCA 51/2007; 3rd Defendant HCA 1040/2009; 3rd Defendant HCA 1041/2009; 2nd Plaintiff HCA 188/2010: WELL ARTS ENTERPRISES LIMITED; 1st Defendant HCA 51/2007; 1st Plaintiff HCA 1040/2009; 1st Plaintiff HCA 1041/2009; 2nd Defendant HCA 188/2010: TO PUI KUI; 2nd Defendant HCA 51/2007 (appeared in Person); 3rd Plaintiff HCA 1040/2009 (appeared in Person); 4th Plaintiff HCA 1041/2009 (appeared in Person): NG KWOK TAI ANDREW; 3rd Defendant HCA 51/2007; 2nd Plaintiff HCA 1040/2009; 2nd Plaintiff HCA 1041/2009: NG YIU CHI ELEANOR; 4th Defendant HCA 51/2007: NG SHEUNG MING ASSOCIATION LIMITED; 1st Defendant HCA 1040/2009: HULTUCKTONG COMMERCIAL & INDUSTRIAL COMPANY LIMITED; 1st Defendant HCA 1041/2009: HULTUCKTONG COMPANY LIMITED; 3rd Plaintiff HCA 1041/2009: NG KAY CHEE ANGELA; 1st Defendant HCA 188/2010: NG KWOK CHING; 3rd Defendant HCA 188/2010: NG WING KAI VICTOR; 4th Defendant HCA 188/2010: WINGTON DEVELOPMENT LIMITED; 5th Defendant HCA 188/2010: LA CASA TABAQUERA LIMITED; 6th Defendant HCA 188/2010: EXCELLENT BEST DEVELOPMENT LIMITED; 3rd Plaintiff HCA 188/2010: AUTO-EXPRESS SERVICES LIMITED
- Court
- Court of First Instance
- Jurisdiction
- Hong Kong
- Judgment Date
- 6 March 2014
- Case Number
- HCA1041/2009
- Procedural Posture
- Consolidated Civil Actions Concerning Alleged 1997 Corporate Restructuring and Share Transfers / Directions Hearing / Interlocutory Application to Adduce Expert Handwriting Evidence (decision on Application)
- Outcome
- Summons dismissed; application to adduce expert handwriting evidence refused
- Legal Topics
- Consolidation, Expert Evidence, Handwriting Analysis, Res Judicata / Issue Estoppel, Case Management, Civil Justice Reform Objectives
- Source Language
- EN
Case Brief
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Parties
NG KWOK PIU PHILIP
1st Plaintiff HCA 51/2007; 4th Defendant HCA 1040/2009; 4th Defendant HCA 1041/2009
CONFEDERATED ASSETS GROUP LIMITED
2nd Plaintiff HCA 51/2007; 2nd Defendant HCA 1040/2009; 2nd Defendant HCA 1041/2009; 1st Plaintiff HCA 188/2010
WELL ARTS ENTERPRISES LIMITED
3rd Plaintiff HCA 51/2007; 3rd Defendant HCA 1040/2009; 3rd Defendant HCA 1041/2009; 2nd Plaintiff HCA 188/2010
TO PUI KUI
1st Defendant HCA 51/2007; 1st Plaintiff HCA 1040/2009; 1st Plaintiff HCA 1041/2009; 2nd Defendant HCA 188/2010
NG KWOK TAI ANDREW
2nd Defendant HCA 51/2007 (appeared in Person); 3rd Plaintiff HCA 1040/2009 (appeared in Person); 4th Plaintiff HCA 1041/2009 (appeared in Person)
NG YIU CHI ELEANOR
3rd Defendant HCA 51/2007; 2nd Plaintiff HCA 1040/2009; 2nd Plaintiff HCA 1041/2009
NG SHEUNG MING ASSOCIATION LIMITED
4th Defendant HCA 51/2007
HULTUCKTONG COMMERCIAL & INDUSTRIAL COMPANY LIMITED
1st Defendant HCA 1040/2009
HULTUCKTONG COMPANY LIMITED
1st Defendant HCA 1041/2009
NG KAY CHEE ANGELA
3rd Plaintiff HCA 1041/2009
NG KWOK CHING
1st Defendant HCA 188/2010
NG WING KAI VICTOR
3rd Defendant HCA 188/2010
WINGTON DEVELOPMENT LIMITED
4th Defendant HCA 188/2010
LA CASA TABAQUERA LIMITED
5th Defendant HCA 188/2010
EXCELLENT BEST DEVELOPMENT LIMITED
6th Defendant HCA 188/2010
AUTO-EXPRESS SERVICES LIMITED
3rd Plaintiff HCA 188/2010
Procedural Posture
Consolidated Civil Actions Concerning Alleged 1997 Corporate Restructuring and Share Transfers / Directions Hearing / Interlocutory Application to Adduce Expert Handwriting Evidence (decision on Application)
Legal Issues
- 1 Whether sufficient cause existed to vary prior court orders limiting expert handwriting evidence to the deceased father's signatures
- 2 Whether expert handwriting evidence on signatures of living parties is necessary or proportionate
- 3 Whether allowing fresh expert evidence would cause unfairness or defeat consolidation and procedural economy
Ratio Decidendi
The summons for leave to adduce fresh handwriting expert evidence on signatures of living parties was dismissed because the applicant failed to show sufficient cause to vary prior orders limiting expert evidence to the deceased father's signatures; allowing the application would be unjust, prejudicial, and contrary to consolidation, procedural economy and Civil Justice Reform objectives, particularly where witnesses are available for cross-examination and there has been no change in circumstances or appeal against the prior orders.
Court Disposition
Summons dismissed; application to adduce expert handwriting evidence refused
Orders
- Summons for leave to adduce expert handwriting evidence dismissed
- Costs to be paid by applicants (Philip's camp) with certificate for two Counsel
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