KKSR v. CLH

FCMC 13299/2019

[2021] HKFC 211

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MATRIMONIAL CAUSES

NUMBER 13299 OF 2019

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J U D G M E N T

(Single Joint Expert Direction)

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1.  By the order dated 25 May 2021, it was directed that if the parties cannot agree on the choice of Single Joint Expert (SJE)  for the valuation of the landed properties involved, each do lodge a letter with the court on or before 30 July 2021, giving 1 suggestion with full CV/ estimated time for completion/ estimated costs. On 29 July 2021 and 30 July 2021 respectively, the petitioner husband (H)  and the respondent wife (W)  lodged their suggestions with the court. By the order dated 5 October 2021, the hearing of the parties’ application for expert directions was fixed to 20 October 2021, with 1 hour reserved. This is my decision.

2.  The properties involved include 6 HK properties, 1 PRC property, two Philippines properties, two Japan properties, 1 Cambodia property and 1 Thailand property.

3.  About the 6 HK landed properties, I take notice that:

-  Both parties’ suggested valuers are professionally qualified and experienced valuers who are suitable to prepare the valuation reports;

-  Both parties’ time estimate are acceptable;

-  W and H’s estimated costs are HK$60,000 and HK$13,500 respectively;

4.  W’s estimated costs being much more expensive that H’s, I take the view that H’s valuer is preferable to W’s. It is therefore ordered that Desmond W H Wong of Citiland be appointed as the single joint expert on the valuation of the 6 HK properties pursuant to O.38, r.4A. The expert report of the single joint expert be available on or before 24 November 2021. Each party do contribute 50% for the cost of the said expert and such costs shall be in the cause.

5.  H sought to adduce two valuation reports of the two properties in Philippines, and the valuation report of one of the two properties in Japan i.e. Unit 504 that are prepared in Japanese. I take notice that the said reports are prepared on his own initiation and are in breach of the terms of the order dated 25 May 2021. Therefore, I shall reject his proposal to adduce the said reports.

6.  H argued that W’s estimated costs of the preparation of the reports of the two Philippines properties and the two Japan properties being much more expensive that H’s costs of the above mentioned one-sided reports, his valuers should be preferred to W’s.

7.  However, there is no acceptable evidence that the valuers who prepared the said one-sided reports are amenable to be appointed as the parties’ SJE. It is also obvious that H has had private communications with the valuers. In the circumstances, I take the view that I should not appoint H’s valuers to be the parties’ SJE.

8.  H did not give any suggestion on valuer of the properties in Cambodia, Thailand and PRC. I have reviewed W’s suggestions. I am satisfied that they are acceptable.

9.  Accordingly, I make the order that W’s suggestions be appointed as the parties’ SJE for the valuation of the properties in Philippines, Japan, Cambodia, Thailand and PRC. The expert reports of the single joints expert be available on or before 24 November 2021. Each party do contribute 50% for the cost of the said expert and such costs shall be in the cause.

10.  The costs of this application be in the cause of the AR proceedings, including reserved costs.