11 Aug 1981
SUKIT PACHIMSAWAT KAMALEE PACHIMSAWAT v. THE HONGKONG AND SHANGHAI BANKING CORPORATION AND ANOTHER
- Citation
- SUKIT PACHIMSAWAT KAMALEE PACHIMSAWAT v. THE HONGKONG AND SHANGHAI BANKING CORPORATION AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACV4/1981
The defendants failed to discharge the high civil burden of proving that the plaintiffs were parties to the fraud: handwriting expert evidence and passport/identification evidence undermined the allegation that the 2nd plaintiff committed the Bank of America forgeries; the trial judge made material errors of reasoning and relied on speculation and insufficient factual findings (including failure to find the 2nd plaintiff was absent from Hong Kong); on the balance of probabilities the court concluded the defence had not proved plaintiffs' complicity and allowed the appeal, ordering repayment w…