Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Forgery/sham
  • 9 May 2014

    LEE SEE WOO v. CHAN CHUN FAI AND OTHERS

    Citation
    LEE SEE WOO v. CHAN CHUN FAI AND OTHERS
    Court
    Court of Appeal
    Case number
    CACV10/2013

    The Court of Appeal held that the appellants bore the legal/persuasive burden to prove the deed of assignment was genuine; the respondent discharged the evidential burden by demonstrating cogent reasons to doubt authenticity (false recitals, false evidence by appellants, commercial improbability, changed case), the appellants failed to discharge the persuasive burden, and therefore the deed was not genuine and the shareholding remained subject to the respondent's charge; appeal dismissed.