Tjiong v Tjiong

The appeal concerned findings made by the primary judge regarding the establishment of a discretionary trust and allegations of fraudulent misrepresentation, fabrication of a claim upon a brother's estate, and the fabrication of evidence by the appellant. The respondents contended that their consent to the trust was procured by fraudulent misrepresentation, while the appellant was alleged to have fabricated a claim to delay distributions. The primary judge had made adverse findings against the appellant on these factual issues, partly based on the appellant's demeanour.

The legal issues before the Court of Appeal included whether the primary judge erred in making adverse findings of fact and credibility against the appellant. Additionally, the court was required to determine whether the appellant should be permitted to adduce further evidence on appeal, and whether the respondents should also be permitted to adduce further evidence.

The Court of Appeal dismissed the appellant's application to adduce further evidence, finding that the "special grounds" required for such an application were not met. Specifically, the court was not satisfied that the evidence was credible, that it could not have been reasonably obtained at the trial, or that it would likely have led to a different result. The court also dismissed the respondents' application to adduce further evidence. Consequently, the appeal was dismissed, and the appellant was ordered to pay the respondents' costs of the appeal, including the costs of the applications to adduce further evidence.