Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Evidential weight of affidavits

Legal area

Court

23 Jan 2014

SUN FOCUS INVESTMENT LTD v. TANG SHING BOR AND ANOTHER

Citation

SUN FOCUS INVESTMENT LTD v. TANG SHING BOR AND ANOTHER
Court

Court of First Instance
Case number

HCA538/2007

The defendants failed to discharge the burden to prove the alleged fraud; cogent documentary evidence of the 2003 share transfers and consistent company records were not displaced by untested hearsay affirmations, therefore the plaintiff retained authority to sue and the preliminary challenge was dismissed.
21 Feb 2001

THE SUMITOMO BANK LTD v. SHEEN STATE INTERNATIONAL LTD t/a SHUN SHING ENGINEERING CO

Citation

THE SUMITOMO BANK LTD v. SHEEN STATE INTERNATIONAL LTD t/a SHUN SHING ENGINEERING CO
Court

Court of First Instance
Case number

HCCT134/1998

Summons for summary judgment dismissed because multiple substantial and genuine triable issues of fact and credibility exist (notably alleged cash payments, subcontractor relationships, timing of remedial works and post-assignment payments, and quantum of liquidated damages); the defendant's defences are not so incredible or sham-like as to justify summary disposal, therefore trial is required.