LIM YI SHENN v. WONG YUEN YEE AND OTHERS

LIM YI SHENN v. WONG YUEN YEE AND OTHERS

The defendants' proposed expert evidence on market practice was irrelevant and insufficiently particularized to assist on the material disputed facts (which are primarily credibility and factual issues); accordingly the application to adduce that evidence failed and the interlocutory appeal was dismissed.

Source-derived case information.

Citation
LIM YI SHENN v. WONG YUEN YEE AND OTHERS
Parties
Plaintiff: Lim Yi Shenn; 1st Defendant: Wong Yuen Yee; 2nd Defendant: Wong Yao Wing Robert; 3rd Defendant: Inno-Tech Holdings Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
5 December 2012
Case Number
HCA1323/2010
Procedural Posture
Civil Action Misrepresentation/share Purchase / Interlocutory Appeal From Master's Decision
Outcome
Appeal dismissed with costs to the plaintiff
Legal Topics
Misrepresentation, Expert Evidence, Market Practice, Top Up Placement, Credibility, Discovery, Interlocutory Application, Compliance With Court Orders
Source Language
en
Contract Tort Securities Evidence Civil Procedure Misrepresentation Expert Evidence Market Practice +5 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Lim Yi Shenn

Plaintiff

Wong Yuen Yee

1st Defendant

Wong Yao Wing Robert

2nd Defendant

Inno-Tech Holdings Limited

3rd Defendant

Procedural Posture

Civil Action Misrepresentation/share Purchase / Interlocutory Appeal From Master's Decision

Legal Issues

  1. 1 Admissibility and relevance of expert evidence on market practice
  2. 2 Whether expert evidence is necessary to assess credibility of witnesses
  3. 3 Whether identity of investors and top-up placement issues require expert evidence

Ratio Decidendi

The defendants' proposed expert evidence on market practice was irrelevant and insufficiently particularized to assist on the material disputed facts (which are primarily credibility and factual issues); accordingly the application to adduce that evidence failed and the interlocutory appeal was dismissed.

Court Disposition

Appeal dismissed with costs to the plaintiff

Orders

  • Appeal dismissed
  • Defendants' application to adduce expert evidence dismissed