19 Jul 2012
YEUNG GA WAI v. LAU MING SHUM
- Citation
- YEUNG GA WAI v. LAU MING SHUM
- Court
- Court of First Instance
- Case number
- HCA798/2004
The summons is dismissed because the proposed expert evidence on PRC insolvency law is not relevant to the issues to be tried: the central dispute is factual as to the purpose of the payment (a question for witnesses and fact-finding), and the alleged priority on distribution of company assets in PRC insolvency is not available to the defendant (who is not the liquidator) and hence is not a defence to the plaintiff's claim for return of the money.