Hong Kong Case Law: Decisions & Judgments

Topic

Expert evidence and valuation

Legal area

Court

19 Aug 2024

LI YUHONG v. oOo SECURITIES (HK) GROUP LTD (formerly known as ORIENTIERT XYZ SECURITIES LTD) (formerly known as AMTD Global Markets Ltd) (formerly known as AMTD Asset Management Ltd)

Citation

[2024] HKCFI 2253
Court

Court of First Instance
Case number

HCA475/2020

The court refused the late addition of a new cause of action (Cat #2) because it was pleaded first in reply, lacked explanation for delay and posed material prejudice and risk to the scheduled trial; the court allowed stylistic/clerical amendments (Cat #1), pleadings about placing agent and Listco default (Cat #3), and post-commencement amendments about receipt/entitlements and related expert evidence (Cat #4) but directed a split trial with liability tried first given developing facts as to quantum; the proposed expert evidence met the court's admissibility conditions but conduct on quantum…
6 Apr 2023

WONG YU CHO, ROLLY AND ANOTHER v. ART STATEMENTS LTD AND OTHERS

Citation

[2023] HKDC 462
Court

District Court
Case number

DCCJ5763/2018

The court preferred the Relevant Defendants' factual witnesses and expert valuation over the plaintiffs'; the plaintiffs failed to prove existence of an interested buyer or a real/substantial chance of sale and failed to prove 28 thangkas were consigned; the Consignment Agreement was with the 1st defendant (not the 2nd defendant personally); the 1st defendant's counterclaim failed because the contract allocated responsibility for expenditures to the gallery and the defendant did not demonstrate total waste for all items; service on the 3rd defendant was not proved—therefore plaintiffs' claims…
3 Feb 2021

YU MAN FUNG ALICE v. CHIAU SING CHI STEPHEN

Citation

[2021] HKCFI 298
Court

Court of First Instance
Case number

HCA1584/2012

The judge exercised discretion under Order 62 to vary the order nisi: awarded defendant's costs of both actions with specified exceptions because (a) certificate for two Counsel was appropriate, (b) the parties' conduct and trial developments justified no order as to costs of Ms Yu's New Evidence Summons but required Ms Yu to pay costs of Mr Chiau's New Evidence Summons regarding Carol Gaw's notebooks, and (c) costs of the valuation expert opinion evidence were disallowed because the defendant conceded the valuation issue late, making that discrete concession justify depriving him of those pr…
10 Aug 2020

PO KA YING v. CHU PUI LAI KITTY

Citation

[2020] HKCFI 2289
Court

Court of First Instance
Case number

HCMP1263/2018

The court required immediate determination of beneficiary status and directed the defendant to state whether she will cease as administratrix, to provide candidate co-administrators and to file accounts and affirmations within fixed short timeframes; appointment of administrators and resolution of contested issues will follow on the papers or at the next CMC after a crystallised list of issues and expert timetables are provided.
28 Apr 2014

FU YICK FAI v. CHAN WAI HUNG AND ANOTHER

Citation

FU YICK FAI v. CHAN WAI HUNG AND ANOTHER
Court

District Court
Case number

DCCJ1340/2013

Court accepted the CHH surveyor's assessment applying a 10% discount to original parts prices and rejected the defendants' retrospective quotations and assertions as unproven hearsay and inconsistent; held defendants bore burden to prove cheaper bona fide market prices and plaintiff was reasonable in using his long‑trusted garage and a surveyor; adjusted hire period by deducting 6 days and awarded parts $58,560, labour $17,700, substitute vehicle $13,200 and surveyor fee $650 (total $90,110) with interest and costs of assessment to plaintiff nisi.
10 Jan 2014

WEST COAST INTERNATIONAL TRADING LTD t/a DANDELION FINE ARTS v. CHELSEA ART COMPANY LTD

Citation

WEST COAST INTERNATIONAL TRADING LTD t/a DANDELION FINE ARTS v. CHELSEA ART COMPANY LTD
Court

Court of First Instance
Case number

HCA1636/2010

The defendant's application to withdraw its admission and amend the defence was refused because it failed to demonstrate inadvertence or good reason and the proposed amendments would substantially enlarge and muddle the issues and cause disproportionate delay and cost; the requested further and better particulars were dismissed as they were unlikely to resolve authenticity which requires expert determination; the plaintiff was granted leave to adduce expert evidence, limited to specified issues and dates, including authenticity and valuation and trade practice; costs of the three summonses as…
11 Jul 2011

TREASURE WEALTH PROPERTIES LTD v. SPLENDID ACHIEVEMENT LTD

Citation

TREASURE WEALTH PROPERTIES LTD v. SPLENDID ACHIEVEMENT LTD
Court

Lands Tribunal
Case number

LDCS8000/2010

The correspondence between the Respondent and the Government Authority is relevant and necessary to the issues in dispute and the Respondent failed to establish that the correspondence is protected by litigation privilege because it did not provide evidence that the communications were made for the dominant purpose of use in litigation; therefore disclosure (through an affirmation exhibiting the correspondence) is ordered.

Hong Kong Case Law

LI YUHONG v. oOo SECURITIES (HK) GROUP LTD (formerly known as ORIENTIERT XYZ SECURITIES LTD) (formerly known as AMTD Global Markets Ltd) (formerly known as AMTD Asset Management Ltd)

WONG YU CHO, ROLLY AND ANOTHER v. ART STATEMENTS LTD AND OTHERS

YU MAN FUNG ALICE v. CHIAU SING CHI STEPHEN

PO KA YING v. CHU PUI LAI KITTY

FU YICK FAI v. CHAN WAI HUNG AND ANOTHER

WEST COAST INTERNATIONAL TRADING LTD t/a DANDELION FINE ARTS v. CHELSEA ART COMPANY LTD

TREASURE WEALTH PROPERTIES LTD v. SPLENDID ACHIEVEMENT LTD