Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Evidential burden on documentary proof
  • 18 Nov 2024

    MOK KIN KAU MCNARY 對 MOK WING YI

    Citation
    [2024] HKDC 1732
    Court
    District Court
    Case number
    DCCJ633/2021

    On the balance of probabilities the court accepted that Appendices I and II showed payments/returns in respect of the listed transactions (A and B) and dismissed those parts of the claim; however the court found that defendant held 5,000 shares of Angang, 7,500 shares of China MCC, and 40,000 shares of Nickel Resources on trust for the plaintiff and must account and deliver those shares and any dividends/other proceeds. The plaintiff failed to prove other alleged payments or that defendant retained the Hongkong Land shares or certain listed cash transfers; the defendant's counterclaim failed…