Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Burden of proof for allegations of forgery

Legal area

Court

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

CACV28/2016

The appeals fail because appellants did not prove forgery or any vitiating factor with the necessary compelling evidence; contemporaneous documentary filings, expert handwriting joint opinion pointing against forgery, subsequent conduct of the Father and companies, and signed attendance lists evidencing assent establish that the 1997 restructuring was valid and operated by unanimous consent under the Duomatic principle; the application for extension of time was dismissed for failure to comply with court directions and lack of satisfactory explanation for delay.
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.