Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Authenticity of document

  • 24 Jan 2024

    HU LAN v. DAVID GOLDEN

    Citation
    [2024] HKCA 108
    Court
    Court of Appeal
    Case number
    CACV123/2023

    The Court of Appeal held the defendant was properly released from any deemed admission because the pleadings and parties' conduct plainly put the document's authenticity and execution in issue; on the facts the plaintiff failed to prove the written loan agreement was executed by the defendant in the circumstances pleaded and the judge's findings that the Sum was more likely a gift were supported by inherent probability and credible witness evidence; accordingly the appeal was dismissed.

  • 9 May 2014

    LEE SEE WOO v. CHAN CHUN FAI AND OTHERS

    Citation
    LEE SEE WOO v. CHAN CHUN FAI AND OTHERS
    Court
    Court of Appeal
    Case number
    CACV10/2013

    The Court of Appeal held that the appellants bore the legal/persuasive burden to prove the deed of assignment was genuine; the respondent discharged the evidential burden by demonstrating cogent reasons to doubt authenticity (false recitals, false evidence by appellants, commercial improbability, changed case), the appellants failed to discharge the persuasive burden, and therefore the deed was not genuine and the shareholding remained subject to the respondent's charge; appeal dismissed.

  • 13 Nov 1997

    YU TECK SEIK v. YU TECK SEIK

    Citation
    YU TECK SEIK v. YU TECK SEIK
    Court
    Court of First Instance
    Case number
    HCA10827/1993

    The application to vacate trial dates was dismissed because the Plaintiff had engaged in prolonged and unexplained delay, the application was made at a very late stage despite available documents and opportunity to obtain expert evidence, and the Defendant would be prejudiced; costs were ordered against the Plaintiff.