畢偉森 對 畢偉強

畢偉森 對 畢偉強

The court refused extension of time because the appellant failed to provide a satisfactory explanation for not adducing available documents at trial, and his proposed grounds of appeal lacked a reasonable prospect of success; the fresh evidence application failed the first Ladd v Marshall limb (no reasonable...

Source-derived case information.

Citation
[2022] HKCA 1779
Parties
Plaintiff: 畢偉森; Defendant: 畢偉強
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
8 December 2022
Case Number
CAMP62/2022
Procedural Posture
Civil Appeal (property/beneficial Ownership) / Application for Extension of Time to File Notice of Appeal, Application to Admit New Evidence and Application for Stay Pending Appeal
Outcome
All three applications dismissed; original trial judgment upheld
Legal Topics
Beneficial Ownership, Extension of Time to Appeal, Admission of Fresh Evidence (ladd V Marshall), Stay of Execution Pending Appeal, Apparent Bias, Credibility Findings
Source Language
ch
Property Law Trusts Civil Procedure Appeal Procedure Evidence Law Beneficial Ownership Extension of Time to Appeal Admission of Fresh Evidence (ladd V Marshall) +3 more

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Parties

畢偉森

Plaintiff

畢偉強

Defendant

Procedural Posture

Civil Appeal (property/beneficial Ownership) / Application for Extension of Time to File Notice of Appeal, Application to Admit New Evidence and Application for Stay Pending Appeal

  1. 1 Whether appellant is beneficial owner of the property
  2. 2 Whether extension of time to file notice of appeal should be granted
  3. 3 Whether fresh evidence should be admitted on appeal

Ratio Decidendi

The court refused extension of time because the appellant failed to provide a satisfactory explanation for not adducing available documents at trial, and his proposed grounds of appeal lacked a reasonable prospect of success; the fresh evidence application failed the first Ladd v Marshall limb (no reasonable diligence shown); there was no basis to find apparent bias by the trial judge; and there were no additional reasons to justify a stay pending appeal, so the applications for extension, admission of new evidence and stay were dismissed and the original trial judgment was left intact.

Court Disposition

All three applications dismissed; original trial judgment upheld

Orders

  • Refused extension of time to serve notice of appeal (application filed 18 February 2022 dismissed)
  • Refused permission to adduce fresh evidence (application filed 28 April 2022 dismissed)