Hong Kong Case Law: Decisions & Judgments

Topic

Amendment of notices of appeal

Legal area

Court

27 Aug 2021

ASIAHI IWASA WA & ASSOCIATES MANAGEMENT CONSULTANTS LTD v. SHIBAKAWA (HONG KONG) LTD

Citation

[2021] HKCFI 2445
Court

Court of First Instance
Case number

HCA969/2014

The court dismissed the Defendant's 1st Notice of Appeal rather than allowing withdrawal because no exceptional circumstances were shown and the Defendant had behaved unreasonably; the court granted leave to amend the 2nd NOA but ordered the Defendant to pay costs of that amendment; the 2nd Appeal was dismissed on the merits and as out of time such that Master Nip had not erred in dismissing the strike out application and awarding 50% costs; costs were ordered against the Defendant including party‑and‑party costs for the earlier period and indemnity costs for the period of unreasonable conduc…
31 Aug 2020

NG KWOK PIU PHILIP AND OTHERS v. TO PUI KUI AND OTHERS

Citation

[2020] HKCA 724
Court

Court of Appeal
Case number

CACV21/2016

The court accepted the joint handwriting expert evidence and the weight of contemporaneous stamped and filed documents and corporate conduct; those materials, together with signatures on attendance lists and subsequent corporate records, established authenticity and unanimous shareholder assent under the Duomatic principle, so the 1997 restructuring was valid; the extension of time application was dismissed for failure to comply with court directions and lack of satisfactory explanation.
31 Aug 2020

NG KWOK PIU PHILIP AND OTHERS v. TO PUI KUI AND OTHERS

Citation

[2020] HKCA 724
Court

Court of Appeal
Case number

CACV25/2016

The Court held that the 1997 restructuring documents were validly executed and evidenced unanimous shareholder assent under the Duomatic principle; the appellants failed to prove forgery with the compelling evidence required; handwriting expert reports and contemporaneous stamped filings supported genuineness; procedural applications for amendment were mostly allowed except where new fact-sensitive issues were raised; the Mother’s extension application was dismissed for inexcusable delay and disregard of court directions.
31 Aug 2020

TO PUI KUI AND OTHERS v. HULTUCKTONG CO LTD AND OTHERS

Citation

[2020] HKCA 724
Court

Court of Appeal
Case number

CACV27/2016

The Court dismissed all appeals and the extension application: appellants failed to prove forgery and did not discharge the high threshold of compelling evidence required; handwriting expert evidence and contemporaneous stamped/filed documents supported authenticity; signatures on attendance lists and related transfer instruments evidenced unanimous shareholder assent under the Duomatic principle thereby validating the 1997 restructuring; procedural failure and disregard of court directions justified refusal of extension of time and constrained amendments.
31 Aug 2020

NG KWOK PIU PHILIP AND OTHERS v. TO PUI KUI AND OTHERS

Citation

[2020] HKCA 724
Court

Court of Appeal
Case number

CACV24/2016

The Court dismissed the appeals: the evidence, including contemporaneous stamped and filed documents and handwriting expert opinion, was insufficient to prove forgery; the restructurings were valid and the shareholders' signatures evidenced unanimous assent under the Duomatic principle; appellants bore the burden to establish forgery and failed to do so; the extension of time application was dismissed for procedural non-compliance.
31 Aug 2020

TO PUI KUI AND ANOTHER v. HULTUCKTONG COMMERCIAL & INDUSTRIAL CO LTD AND OTHERS

Citation

[2020] HKCA 724
Court

Court of Appeal
Case number

CACV26/2016

On the evidence (handwriting expert joint reports, contemporaneous stamped filings, subsequent corporate conduct and annual returns) the trial judge rightly found the signatures genuine or, in any event, that there was no compelling foundation for inferring forgery; unanimous assent evidenced by signed attendance lists and conduct satisfied the Duomatic principle even where signatories did not read documents absent vitiating factors; allegations of forgery require compelling evidence and the extension of time was properly refused for inexcusable delay and failure to follow court directions.
31 Aug 2020

TO PUI KUI AND OTHERS v. HULTUCKTONG CO LTD AND OTHERS

Citation

[2020] HKCA 724
Court

Court of Appeal
Case number

CACV29/2016

On the totality of contemporaneous documentary evidence, expert handwriting opinion, and consistent later corporate filings, the Court upheld the trial judge's findings that the relevant signatures (including the Father's and siblings') were genuine or not shown to be forged and that unanimous assent was evidenced such that the Duomatic principle validated the 1997 restructuring; consequentially all appeals were dismissed and the application for extension of time was refused for inexcusable delay and failure to comply with directions.

Hong Kong Case Law

ASIAHI IWASA WA & ASSOCIATES MANAGEMENT CONSULTANTS LTD v. SHIBAKAWA (HONG KONG) LTD

NG KWOK PIU PHILIP AND OTHERS v. TO PUI KUI AND OTHERS

NG KWOK PIU PHILIP AND OTHERS v. TO PUI KUI AND OTHERS

TO PUI KUI AND OTHERS v. HULTUCKTONG CO LTD AND OTHERS

NG KWOK PIU PHILIP AND OTHERS v. TO PUI KUI AND OTHERS

TO PUI KUI AND ANOTHER v. HULTUCKTONG COMMERCIAL & INDUSTRIAL CO LTD AND OTHERS

TO PUI KUI AND OTHERS v. HULTUCKTONG CO LTD AND OTHERS