5 Aug 2019
NGAN PUI CHI AND ANOTHER v. BAO QUAN
- Citation
- [2019] HKCA 852
- Court
- Court of Appeal
- Case number
- CACV260/2017
The Court held the trial judge erred in reversing the burden of proof: where transfers have been registered the party alleging forgery must prove signatures were forged; a failure by the defendant to prove provenance is not a finding of forgery. Relief for alleged forged transfers must normally be sought by rectification with the company joined. On these principles the judge's declarations ordering return/delivery up and his findings on forfeiture were set aside in part; however the Court confirmed that 3,800,000 shares held by the defendant are subject to the 1st plaintiff's equity of redemp…