CHEN JINHUI v. WONG KAM SAN AND OTHERS

CHEN JINHUI v. WONG KAM SAN AND OTHERS

The appeal was allowed because the work record entries are relevant to the live issues, authenticity is contested and therefore ink dating expert evidence is probative and proportionate, and the defendants' application was timely under the registrar's case management directions, so leave to adduce ink dating evidence must be granted.

Citation
CHEN JINHUI v. WONG KAM SAN AND OTHERS
Parties
Plaintiff: CHEN JINHUI; 1st Defendant: WONG KAM SANG; Guardian Ad Litem: HUANG YUEXIA; 2nd Defendant: LINE POWERA LIMITED; 3rd Defendant: TRENGEI DEVELOPMENT LIMITED; 4th Defendant: LEAD SUCCESS (HONG KONG) LIMITED; 5th Defendant: HAWKINS DEVELOPMENT LIMITED; 6th Defendant: SUPERFINE GROUPE LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
24 August 2016
Case Number
HCA1524/2012
Procedural Posture
Civil Action Interlocutory Appeal / Appeal From Registrar Decision Refusing Ink Dating Expert Evidence
Outcome
Appeal allowed; registrar's refusal of ink dating expert evidence reversed and directions granted permitting ink dating expert evidence
Legal Topics
Handwriting Expert Evidence, Ink Dating of Documents, Authenticity of Documents, Beneficial Ownership and Trust, Knowing Receipt, Limitation and Laches
Source Language
EN
Civil Procedure Evidence Contract Trusts Property Law Limitation Handwriting Expert Evidence Ink Dating of Documents +4 more

Case Brief

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Parties

CHEN JINHUI

Plaintiff

WONG KAM SANG

1st Defendant

HUANG YUEXIA

Guardian Ad Litem

LINE POWERA LIMITED

2nd Defendant

TRENGEI DEVELOPMENT LIMITED

3rd Defendant

LEAD SUCCESS (HONG KONG) LIMITED

4th Defendant

HAWKINS DEVELOPMENT LIMITED

5th Defendant

SUPERFINE GROUPE LIMITED

6th Defendant

Procedural Posture

Civil Action Interlocutory Appeal / Appeal From Registrar Decision Refusing Ink Dating Expert Evidence

Legal Issues

  1. 1 Whether the 1st defendant borrowed the Loans from the plaintiff
  2. 2 Whether there was an oral agreement on 10 January 2003 evidenced by the Confirmation Letter
  3. 3 Whether the transfers of shares to the 4th and 6th defendants were arm's length and without notice of the plaintiff's interest

Ratio Decidendi

The appeal was allowed because the work record entries are relevant to the live issues, authenticity is contested and therefore ink dating expert evidence is probative and proportionate, and the defendants' application was timely under the registrar's case management directions, so leave to adduce ink dating evidence must be granted.

Court Disposition

Appeal allowed; registrar's refusal of ink dating expert evidence reversed and directions granted permitting ink dating expert evidence

Orders

  • The plaintiff shall produce the original handwritten work record to the 1st to 3rd defendants for examination by their ink and document dating specialist for the purposes of the expert report.
  • Leave is granted to the 1st to 3rd defendants to adduce expert evidence at the trial on the authenticity of the work record, in particular whether the entries from January 2003 onwards were written on the days or within the timeframes they purport to have been written; the report shall be prepared by Mr Gerald M...