NG KWOK PIU PHILIP AND OTHERS v. TO PUI KUI AND OTHERS

NG KWOK PIU PHILIP AND OTHERS v. TO PUI KUI AND OTHERS

No sufficient cause was shown to vary earlier orders limiting expert handwriting evidence; the consolidated actions were prepared and tried on that basis, live witnesses can be cross-examined, the proposed fresh expert evidence was unnecessary for determination of the remaining actions and allowing it would be unfair, duplicative and contrary to procedural economy; accordingly the summons for leave to adduce expert evidence was dismissed.

Citation
NG KWOK PIU PHILIP AND OTHERS v. TO PUI KUI AND OTHERS
Parties
1st Plaintiff in HCA 51/2007; 4th Defendant in HCA 1040/2009; 4th Defendant in HCA 1041/2009: Ng Kwok Piu Philip; 2nd Plaintiff in HCA 51/2007; 2nd Defendant in HCA 1040/2009; 2nd Defendant in HCA 1041/2009; 1st Plaintiff in HCA 188/2010: Confederated Assets Group Limited; 3rd Plaintiff in HCA 51/2007; 3rd Defendant in HCA 1040/2009; 3rd Defendant in HCA 1041/2009; 2nd Plaintiff in HCA 188/2010: Well Arts Enterprises Limited; 1st Defendant in HCA 51/2007; 1st Plaintiff in HCA 1040/2009; 1st Plaintiff in HCA 1041/2009; 2nd Defendant in HCA 188/2010: To Pui Kui; 2nd Defendant in HCA 51/2007; 3rd Plaintiff in HCA 1040/2009; 4th Plaintiff in HCA 1041/2009: Ng Kwok Tai Andrew; 3rd Defendant in HCA 51/2007; 2nd Plaintiff in HCA 1040/2009; 2nd Plaintiff in HCA 1041/2009: Ng Yiu Chi Eleanor; 4th Defendant in HCA 51/2007: Ng Sheung Ming Association Limited; 1st Defendant in HCA 1040/2009: Hultucktong Commercial & Industrial Company Limited; 1st Defendant in HCA 1041/2009: Hultucktong Company Limited; 5th Defendant in HCA 1040/2009; 5th Defendant in HCA 1041/2009: Ng Oi Che Stephanie; 3rd Plaintiff in HCA 1041/2009: Ng Kay Chee Angela; 1st Defendant in HCA 188/2010: Ng Kwok Ching; 3rd Plaintiff in HCA 188/2010: Auto-Express Services Limited; 3rd Defendant in HCA 188/2010: Ng Wing Kai Victor; 4th Defendant in HCA 188/2010: Wington Development Limited; 5th Defendant in HCA 188/2010: La Casa Tabaquera Limited; 6th Defendant in HCA 188/2010: Excellent Best Development Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
6 March 2014
Case Number
HCA51/2007
Procedural Posture
Consolidated Civil Actions (commercial/company/share Dispute) / Directions Hearing and Interlocutory Decision on Summons for Leave to Adduce Expert Handwriting Evidence; Judgment on Application Delivered
Outcome
Summons dismissed
Legal Topics
Consolidation, Expert Evidence, Handwriting Verification, Issue Estoppel, Case Management, Leave to Adduce Evidence, Procedural Economy
Source Language
EN
Civil Procedure Company Law Evidence Consolidation Expert Evidence Handwriting Verification Issue Estoppel Case Management +2 more

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Parties

Ng Kwok Piu Philip

1st Plaintiff in HCA 51/2007; 4th Defendant in HCA 1040/2009; 4th Defendant in HCA 1041/2009

Confederated Assets Group Limited

2nd Plaintiff in HCA 51/2007; 2nd Defendant in HCA 1040/2009; 2nd Defendant in HCA 1041/2009; 1st Plaintiff in HCA 188/2010

Well Arts Enterprises Limited

3rd Plaintiff in HCA 51/2007; 3rd Defendant in HCA 1040/2009; 3rd Defendant in HCA 1041/2009; 2nd Plaintiff in HCA 188/2010

To Pui Kui

1st Defendant in HCA 51/2007; 1st Plaintiff in HCA 1040/2009; 1st Plaintiff in HCA 1041/2009; 2nd Defendant in HCA 188/2010

Ng Kwok Tai Andrew

2nd Defendant in HCA 51/2007; 3rd Plaintiff in HCA 1040/2009; 4th Plaintiff in HCA 1041/2009

Ng Yiu Chi Eleanor

3rd Defendant in HCA 51/2007; 2nd Plaintiff in HCA 1040/2009; 2nd Plaintiff in HCA 1041/2009

Ng Sheung Ming Association Limited

4th Defendant in HCA 51/2007

Hultucktong Commercial & Industrial Company Limited

1st Defendant in HCA 1040/2009

Hultucktong Company Limited

1st Defendant in HCA 1041/2009

Ng Oi Che Stephanie

5th Defendant in HCA 1040/2009; 5th Defendant in HCA 1041/2009

Ng Kay Chee Angela

3rd Plaintiff in HCA 1041/2009

Ng Kwok Ching

1st Defendant in HCA 188/2010

Auto-Express Services Limited

3rd Plaintiff in HCA 188/2010

Ng Wing Kai Victor

3rd Defendant in HCA 188/2010

Wington Development Limited

4th Defendant in HCA 188/2010

La Casa Tabaquera Limited

5th Defendant in HCA 188/2010

Excellent Best Development Limited

6th Defendant in HCA 188/2010

Procedural Posture

Consolidated Civil Actions (commercial/company/share Dispute) / Directions Hearing and Interlocutory Decision on Summons for Leave to Adduce Expert Handwriting Evidence; Judgment on Application Delivered

Legal Issues

  1. 1 Whether sufficient cause existed to vary prior directions limiting expert handwriting evidence to signatures of the deceased Father under Order 38 r 44 RHC
  2. 2 Whether expert handwriting evidence on signatures of live witnesses was necessary or justified at this stage
  3. 3 Whether allowing fresh expert evidence would be unfair or defeat consolidation and procedural economy

Ratio Decidendi

No sufficient cause was shown to vary earlier orders limiting expert handwriting evidence; the consolidated actions were prepared and tried on that basis, live witnesses can be cross-examined, the proposed fresh expert evidence was unnecessary for determination of the remaining actions and allowing it would be unfair, duplicative and contrary to procedural economy; accordingly the summons for leave to adduce expert evidence was dismissed.

Court Disposition

Summons dismissed

Orders

  • Summons for leave to adduce expert handwriting evidence dismissed
  • Costs to be paid by Philip's camp with certificate for 2 Counsel