TERRY YING TING CHENG v. SIEH NI and Others

TERRY YING TING CHENG v. SIEH NI and Others

The court accepted the forensic expert's conclusion that the signatures on the disputed conveyances were not the Plaintiff's and, notwithstanding some caution about the Plaintiff's oral evidence, held that the documentary and expert evidence established that the conveyances were not executed by the Plaintiff and granted the declarations and relief claimed.

Citation
TERRY YING TING CHENG v. SIEH NI and Others
Parties
Plaintiff: Terry Ying Ting Cheng; 1st Defendant: Sieh Ni; 2nd Defendant: Lam Yau; 3rd Defendant: Wu Cheng Zai
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
16 February 1995
Case Number
HCA9061/1991
Procedural Posture
Land Dispute Declaration of Title / Judgment (high Court)
Outcome
Plaintiff's claims upheld; relief granted
Legal Topics
Forgery, Title Declarations, Forensic Handwriting Evidence, Documentary Evidence
Source Language
EN
Property Land Law Evidence Forgery Title Declarations Forensic Handwriting Evidence Documentary Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

Terry Ying Ting Cheng

Plaintiff

Sieh Ni

1st Defendant

Lam Yau

2nd Defendant

Wu Cheng Zai

3rd Defendant

Procedural Posture

Land Dispute Declaration of Title / Judgment (high Court)

Legal Issues

  1. 1 Whether the Plaintiff is the owner of the specified New Territories lots
  2. 2 Whether the conveyances and related documents were forged or not executed by the Plaintiff
  3. 3 Assessment of credibility of the Plaintiff as a witness and weight of expert evidence

Ratio Decidendi

The court accepted the forensic expert's conclusion that the signatures on the disputed conveyances were not the Plaintiff's and, notwithstanding some caution about the Plaintiff's oral evidence, held that the documentary and expert evidence established that the conveyances were not executed by the Plaintiff and granted the declarations and relief claimed.

Court Disposition

Plaintiff's claims upheld; relief granted

Orders

  • Plaintiff entitled to the relief claimed in the statement of claim in respect of the specified New Territories lots
  • The conveyances in question are declared not to have been executed by the Plaintiff and are set aside insofar as they purport to transfer the Plaintiff's title