PEACE MARK (HOLDINGS) LTD (IN LIQUIDATION) AND ANOTHER v. CHAU CHAM WONG PATRICK AND OTHERS

PEACE MARK (HOLDINGS) LTD (IN LIQUIDATION) AND ANOTHER v. CHAU CHAM WONG PATRICK AND OTHERS

Court directed that single joint experts be instructed for both forensic accounting and Bermudan law because SJE promotes impartiality, cost-effectiveness and better assistance to the court; forensic expert must verify Liquidators' findings (not merely opine on methodology); issues for experts must be narrowly and precisely formulated and parties must attempt agreement or justify disagreement to the court.

Citation
PEACE MARK (HOLDINGS) LTD (IN LIQUIDATION) AND ANOTHER v. CHAU CHAM WONG PATRICK AND OTHERS
Parties
1st Plaintiff: PEACE MARK (HOLDINGS) LIMITED (IN LIQUIDATION); 2nd Plaintiff: PEACE MARK LIMITED (IN LIQUIDATION); 1st Defendant: CHAU CHAM WONG PATRICK; 2nd Defendant: LEUNG YUNG; 3rd Defendant: TSANG KWONG CHIU KEVIN; 4th Defendant: MAN KWOK KEUNG; 5th Defendant: CHENG KWAN LING; 8th Defendant (deceased): SUSAN SO; 9th Defendant: KWOK PING KI ALBERT; 10th Defendant: TANG YAT KAN; 11th Defendant: WONG YEE SUI ANDREW; 12th Defendant: MAK SIU WING CLIFFORD
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
2 November 2017
Case Number
HCA2371/2009
Procedural Posture
Civil (company Law/liquidation) / Interlocutory Directions on Expert Evidence (pre Trial)
Outcome
SJE ordered for forensic accounting and Bermudan law; issues to be reformulated and agreed or justified in writing; costs of this application ordered in the cause.
Legal Topics
Expert Evidence, Single Joint Expert, Directors' Duties, Indemnity, Statutory Relief, Dividends, Fraud/false Trading, Bermudan Law, Costs
Source Language
EN
Company Law Evidence Civil Procedure Foreign Law Forensic Accounting Expert Evidence Single Joint Expert Directors' Duties +6 more

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Parties

PEACE MARK (HOLDINGS) LIMITED (IN LIQUIDATION)

1st Plaintiff

PEACE MARK LIMITED (IN LIQUIDATION)

2nd Plaintiff

CHAU CHAM WONG PATRICK

1st Defendant

LEUNG YUNG

2nd Defendant

TSANG KWONG CHIU KEVIN

3rd Defendant

MAN KWOK KEUNG

4th Defendant

CHENG KWAN LING

5th Defendant

SUSAN SO

8th Defendant (deceased)

KWOK PING KI ALBERT

9th Defendant

TANG YAT KAN

10th Defendant

WONG YEE SUI ANDREW

11th Defendant

MAK SIU WING CLIFFORD

12th Defendant

Procedural Posture

Civil (company Law/liquidation) / Interlocutory Directions on Expert Evidence (pre Trial)

Legal Issues

  1. 1 Formulation of issues for expert evidence (forensic accounting and Bermudan law)
  2. 2 Whether to appoint single joint expert (SJE) or separate experts (SE) for forensic accounting
  3. 3 Whether to appoint SJE or SE for Bermudan law

Ratio Decidendi

Court directed that single joint experts be instructed for both forensic accounting and Bermudan law because SJE promotes impartiality, cost-effectiveness and better assistance to the court; forensic expert must verify Liquidators' findings (not merely opine on methodology); issues for experts must be narrowly and precisely formulated and parties must attempt agreement or justify disagreement to the court.

Court Disposition

SJE ordered for forensic accounting and Bermudan law; issues to be reformulated and agreed or justified in writing; costs of this application ordered in the cause.

Orders

  • Single joint expert to be instructed on the forensic accounting issues
  • Single joint expert to be instructed on the Bermudan law issues