Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Liquidator evidence

Legal area

Court

26 Aug 2021

SUNNI INTERNATIONAL LTD v. KAO WAI HO FRANCIS AND OTHERS

Citation

[2021] HKCFI 2418
Court

Court of First Instance
Case number

HCA1884/2018

At this interlocutory stage the Court refused to strike out the impugned witness statements in their entirety: a liquidator may adduce evidence of his investigations (including hearsay) and exclusion on a broad brush pre-trial basis would be prejudicial to the interests of justice under s47 EO and the overriding objective; opinion/scandalous passages can be excluded or given no weight at trial rather than removed wholesale now.
26 Aug 2021

TSEN YUN LEI v. LO KIN FUNG

Citation

[2021] HKCFI 2418
Court

Court of First Instance
Case number

HCCW121/2013

The court refused to strike out the impugned witness statements in their entirety. It held that a liquidator may give evidence as to investigations and matters discovered thereby, that hearsay in civil proceedings is not absolutely inadmissible under s47 EO and that wholesale pre-trial striking out of lengthy investigatory witness statements would be prejudicial to the interests of justice given the complexity of the litigation; disputed admissibility and weight are matters for trial determination or judicial exclusion of specific passages rather than removal of whole statements.