Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Expert evidence on customary law

Legal area

Court

24 Nov 2023

ASIA PACIFIC GROUP INTERNATIONAL LTD v. CHEUNG KIU CHUNG AND OTHERS

Citation

[2023] HKCFI 2986
Court

Court of First Instance
Case number

HCA1071/2021

The court refused the Amended Summons because the Schedule Issues were not drafted with requisite clarity, were circular in parts, and were closely interwoven with disputed facts requiring expert evidence on Chinese customary law; therefore the statutory conditions and the court's discretion did not favor a separate preliminary determination and the application was dismissed.
21 Sept 2004

LIM POR YEN v. HIGHFIT DEVELOPMENT CO LTD AND ANOTHER

Citation

LIM POR YEN v. HIGHFIT DEVELOPMENT CO LTD AND ANOTHER
Court

Court of Appeal
Case number

CACV19/2004

The appeal was allowed because the allegation that the 2nd defendant was the plaintiff's third wife or concubine could be relevant to whether the transfers were gifts and to her marital/customary rights; therefore the pleadings should not have been struck out and the defendants must be permitted to amend their defences to include the further particulars and the affirmation sentence, with expert evidence permissible.