Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Burden of proof in fraud/forgery

Legal area

Court

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

CAMP6/2019

The Court of Appeal held that on the totality of contemporaneous documents, stamped filings, annual returns and handwriting expert opinions the signatures on the 1997 restructuring documents were not shown to be forged; the conduct and signed attendance lists evidenced unanimous shareholder assent such that the Duomatic principle applied to validate the restructuring; no vitiating factor was proved; consequently the appeals failed and were dismissed; the extension of time application was refused for lack of satisfactory explanation and disregard of court directions.