YEUNG HOCK WAI also known as YEUNG HOCK WI v. CHAN WAI MAN the Administratrix of the Estate of YEUNG HUNG HEI PATRICK, Deceased

YEUNG HOCK WAI also known as YEUNG HOCK WI v. CHAN WAI MAN the Administratrix of the Estate of YEUNG HUNG HEI PATRICK, Deceased

Leave to adduce handwriting expert evidence was granted because the authenticity of the disputed Letter is relevant to a central factual dispute (whether the Gift was subject to oral conditions), expert opinion is likely to assist the trial judge, the estimated expert costs are proportionate to the value of the interests at stake, and the interests of justice outweigh the delay and prejudice from adduction of such evidence.

Citation
YEUNG HOCK WAI also known as YEUNG HOCK WI v. CHAN WAI MAN the Administratrix of the Estate of YEUNG HUNG HEI PATRICK, Deceased
Parties
Plaintiff (original Action); 1st Defendant (counterclaim): Yeung Hock Wai also known as Yeung Hock Wi; Defendant (original Action); Plaintiff (counterclaim); Administratrix of the Estate of Yeung Hung Hei Patrick (deceased): Chan Wai Man; 2nd Defendant (counterclaim): Asavayong Unruen; 3rd Defendant (counterclaim): Yeung Ka Hei
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
22 August 2017
Case Number
HCA2812/2015
Procedural Posture
Civil Dispute Over Beneficial Ownership of Property and Administration of Estate / Interlocutory/case Management (summons for Leave to Adduce Expert Handwriting Evidence)
Outcome
Summons granted; leave granted to adduce handwriting expert evidence and directions given
Legal Topics
Resulting Trust, Constructive Trust, Gift With Conditions Subsequent, Admissibility of Expert Evidence, Handwriting/expert Opinion, Partition of Property
Source Language
EN
Trusts and Equitable Remedies Property Law Evidence Civil Procedure Estates and Administration Resulting Trust Constructive Trust Gift With Conditions Subsequent +3 more

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Parties

Yeung Hock Wai also known as Yeung Hock Wi

Plaintiff (original Action); 1st Defendant (counterclaim)

Chan Wai Man

Defendant (original Action); Plaintiff (counterclaim); Administratrix of the Estate of Yeung Hung Hei Patrick (deceased)

Asavayong Unruen

2nd Defendant (counterclaim)

Yeung Ka Hei

3rd Defendant (counterclaim)

Procedural Posture

Civil Dispute Over Beneficial Ownership of Property and Administration of Estate / Interlocutory/case Management (summons for Leave to Adduce Expert Handwriting Evidence)

Legal Issues

  1. 1 Whether the transfers (gifts) of 25% interests were subject to oral conditions subsequent and therefore resulted in a resulting or constructive trust in favour of the Father
  2. 2 Whether leave should be granted to adduce handwriting expert evidence on authenticity of a disputed company letter signature
  3. 3 Whether expert handwriting evidence is likely to be proportionate, helpful and cost‑effective in resolving the issue and whether delay/prejudice outweighs the need for the evidence

Ratio Decidendi

Leave to adduce handwriting expert evidence was granted because the authenticity of the disputed Letter is relevant to a central factual dispute (whether the Gift was subject to oral conditions), expert opinion is likely to assist the trial judge, the estimated expert costs are proportionate to the value of the interests at stake, and the interests of justice outweigh the delay and prejudice from adduction of such evidence.

Court Disposition

Summons granted; leave granted to adduce handwriting expert evidence and directions given

Orders

  • Leave granted to the Father, Mrs Yeung and Jeffrey to appoint Mr Robert Radley as their handwriting expert to prepare a report on whether the purported signature of the Father appearing on the Letter is authentic
  • Leave granted to Vivian to appoint Ms Michelle Novotny as her handwriting expert to prepare a report on whether the purported signature of the Father appearing on the Letter is authentic