Moorthy Selvaraj v Karupayee Ammal & Ors 

[2024] HKCFI 403, the High Court dismissed the Plaintiff’s claim in relation to an alleged deed of family arrangement (“

”) and an alleged related oral agreement (“

”) regarding the distribution of family assets. Harris J acceded to the 5

 Defendant’s submission of no case to answer based on the principles set out by him recently in 

The DFA and Oral Agreement were alleged to have been entered in 2005, over 18 years before trial. In those circumstances, Harris J discussed in detail the Court’s approach to witness testimony and the fallibility of witness memory, including by reference to the observations of Leggatt J (as he then was) in 

Gestmin SGPA SA v Credit Suisse (UK) Ltd 

[2017] EWHC 1928 (Comm). In particular, Harris J emphasised the difficulty of establishing a claim of oral agreement based on witness recollection without any collaborating documents, and the need to determine the undisputed or probable objective facts before

Applying those principles, and having heard oral evidence from the Plaintiff, Harris J found that the Plaintiff had not established his claim on the 

threshold or on the balance of probabilities.

, instructed by Cheung & Choy, acted for the Plaintiff. 

, instructed by Karas So LLP, acted for the 5

 Defendant (for himself and as representative of the estate of the 1

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