TO PUI KUI AND OTHERS v. HULTUCKTONG COMMERCIAL & INDUSTRIAL CO LTD AND OTHERS

TO PUI KUI AND OTHERS v. HULTUCKTONG COMMERCIAL & INDUSTRIAL CO LTD AND OTHERS

Application to vary prior orders and to adduce new handwriting expert evidence was refused because no sufficient cause was shown, the consolidated actions had been prepared and tried on the basis of the existing orders, cross-examination was adequate for live witnesses, reopening evidence would be unfair and contrary to the objectives of procedural economy and consolidation, and would defeat prior case management directions.

Citation
TO PUI KUI AND OTHERS v. HULTUCKTONG COMMERCIAL & INDUSTRIAL 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; 3rd Plaintiff HCA 1040/2009; 4th Plaintiff HCA 1041/2009: 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; 5th Defendant HCA 1040/2009; 5th Defendant HCA 1041/2009: Ng Oi Che Stephanie; 3rd Plaintiff HCA 1041/2009: Ng Kay Chee Angela; 1st Defendant HCA 1040/2009: Hultucktong Commercial & Industrial Company Limited; 1st Defendant HCA 1041/2009: Hultucktong Company Limited; 3rd Plaintiff HCA 188/2010: Auto-Express Services Limited; 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
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
6 March 2014
Case Number
HCA1040/2009
Procedural Posture
Civil Consolidated Actions (family/company Dispute Involving Alleged 1997 Restructuring) / Interlocutory Application and Directions Hearing (application for Leave to Adduce Expert Handwriting Evidence Dismissed)
Outcome
Summons dismissed
Legal Topics
Expert Evidence, Handwriting Authentication, Consolidation, Issue Estoppel, Trial Management, Civil Justice Reform Principles
Source Language
EN
Civil Procedure Company Law Evidence Law Civil Litigation Management Expert Evidence Handwriting Authentication Consolidation Issue Estoppel +2 more

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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; 3rd Plaintiff HCA 1040/2009; 4th Plaintiff HCA 1041/2009

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

Ng Oi Che Stephanie

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

Ng Kay Chee Angela

3rd Plaintiff HCA 1041/2009

Hultucktong Commercial & Industrial Company Limited

1st Defendant HCA 1040/2009

Hultucktong Company Limited

1st Defendant HCA 1041/2009

Auto-Express Services Limited

3rd Plaintiff HCA 188/2010

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

Procedural Posture

Civil Consolidated Actions (family/company Dispute Involving Alleged 1997 Restructuring) / Interlocutory Application and Directions Hearing (application for Leave to Adduce Expert Handwriting Evidence Dismissed)

Legal Issues

  1. 1 Whether sufficient cause existed to vary prior court orders limiting expert handwriting evidence to the deceased father's signatures
  2. 2 Whether expert handwriting evidence on signatures of living witnesses is necessary given prior orders and available cross-examination
  3. 3 Whether permitting fresh expert evidence would be fair and proportionate and consistent with objectives of consolidation and Civil Justice Reform

Ratio Decidendi

Application to vary prior orders and to adduce new handwriting expert evidence was refused because no sufficient cause was shown, the consolidated actions had been prepared and tried on the basis of the existing orders, cross-examination was adequate for live witnesses, reopening evidence would be unfair and contrary to the objectives of procedural economy and consolidation, and would defeat prior case management directions.

Court Disposition

Summons dismissed

Orders

  • Summons by Philip's camp for leave to adduce expert handwriting evidence dismissed
  • Costs awarded against Philip's camp, with certificate for two Counsel