MAK MING ON v. LUNG FOOK SUN AND ANOTHER

MAK MING ON v. LUNG FOOK SUN AND ANOTHER

On true construction of the Deed the accounts prepared by the Plaintiff's accountant are the principal operative accounts (referred to as "the said Accounts") and therefore the Defendants bear the burden of proving those accounts are wrong or inaccurate.

Citation
MAK MING ON v. LUNG FOOK SUN AND ANOTHER
Parties
Plaintiff: MAK MING ON; 1st Defendant: LUNG FOOK SUN; 2nd Defendant: CHAN KWEI WING
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
24 May 1989
Case Number
HCA7413/1985
Procedural Posture
Partnership Dispute (deed Interpretation) / Judgment on Preliminary Issue
Outcome
Preliminary issue determined: Defendants bear the burden of proving that the Plaintiff's accounts are wrong or inaccurate; costs reserved.
Legal Topics
Burden of Proof, Deed Interpretation, Accounting, Audit of Partnership Accounts
Source Language
EN
Contract Partnership Civil Procedure Equity Burden of Proof Deed Interpretation Accounting Audit of Partnership Accounts

Case Brief

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Parties

MAK MING ON

Plaintiff

LUNG FOOK SUN

1st Defendant

CHAN KWEI WING

2nd Defendant

Procedural Posture

Partnership Dispute (deed Interpretation) / Judgment on Preliminary Issue

Legal Issues

  1. 1 Which party bears the burden of proof as to the correctness of the partnership accounts prepared by the Plaintiff's accountant under the Deed
  2. 2 Construction and effect of Clauses 2(d), 2(e) and 3(a) of the Deed

Ratio Decidendi

On true construction of the Deed the accounts prepared by the Plaintiff's accountant are the principal operative accounts (referred to as "the said Accounts") and therefore the Defendants bear the burden of proving those accounts are wrong or inaccurate.

Court Disposition

Preliminary issue determined: Defendants bear the burden of proving that the Plaintiff's accounts are wrong or inaccurate; costs reserved.

Orders

  • Preliminary issue decided in favour of the Plaintiff: burden of proof lies on the Defendants to prove the accounts prepared by Messrs. Stephen Liu & Co. are wrong or inaccurate.
  • Costs reserved; parties to be heard on costs.