23 Nov 1999
IP FOO KEUNG MICHAEL AND ANOTHER v. CHAN PAK KAI
- Citation
- IP FOO KEUNG MICHAEL AND ANOTHER v. CHAN PAK KAI
- Court
- Court of Appeal
- Case number
- CACV273/1999
Section 13 does not exclude the common law rule permitting clear and cogent secondary evidence of lost documents; a purchaser is bound to accept sufficient secondary evidence of the contents of a missing root document or power of attorney, but where the vendor's secondary evidence fails to prove due execution (as in the missing power of attorney in the second case) the purchaser is entitled to rescind; the s.23 presumption does not rescue proof of due execution where the instrument cannot be produced if secondary evidence of due execution is lacking.