高宏鳴 對 陳樹容及另一人

高宏鳴 對 陳樹容及另一人

The application to adduce fresh evidence on appeal was dismissed because the applicant failed to satisfy the first Ladd v Marshall requirement of showing he exercised reasonable diligence to obtain the documents before the original hearing (the documents were in his possession or obtainable), and the proposed...

Source-derived case information.

Citation
[2025] HKCA 768
Parties
Plaintiff: 高宏鳴; First Defendant: 陳樹容; Second Defendant: 陳步青
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
25 August 2025
Case Number
CACV241/2024
Procedural Posture
Civil Appeal / Application to Admit Fresh Evidence on Appeal (ladd V Marshall Application)
Outcome
Application to admit fresh evidence refused; two summonses dated 27 August 2024 and 9 September 2024 dismissed; costs awarded to second defendant.
Legal Topics
Fresh Evidence on Appeal, Ladd V Marshall Criteria, Statute of Limitations (limitation Ordinance Cap.347), Striking Out/summary Dismissal, Costs Assessment
Source Language
ch
Civil Procedure Limitation Law Professional Negligence Evidence Law Fresh Evidence on Appeal Ladd V Marshall Criteria Statute of Limitations (limitation Ordinance Cap.347) Striking Out/summary Dismissal +1 more

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Parties

高宏鳴

Plaintiff

陳樹容

First Defendant

陳步青

Second Defendant

Procedural Posture

Civil Appeal / Application to Admit Fresh Evidence on Appeal (ladd V Marshall Application)

  1. 1 Whether the proposed documents constitute fresh evidence admissible on appeal under Ladd v Marshall
  2. 2 Whether the applicant exercised reasonable diligence to obtain the documents before the trial
  3. 3 Whether the proposed evidence is relevant to the narrow issue on appeal (limitation ruling)

Ratio Decidendi

The application to adduce fresh evidence on appeal was dismissed because the applicant failed to satisfy the first Ladd v Marshall requirement of showing he exercised reasonable diligence to obtain the documents before the original hearing (the documents were in his possession or obtainable), and the proposed evidence was not material to the narrow limitation question on appeal; accordingly the summonses to file those documents were dismissed and costs awarded to the second defendant (HKD 93,791).

Court Disposition

Application to admit fresh evidence refused; two summonses dated 27 August 2024 and 9 September 2024 dismissed; costs awarded to second defendant.

Orders

  • Dismissed the two summonses filed by the plaintiff on 27 August 2024 and 9 September 2024 seeking to admit KO-12 to KO-23 (KO-19 withdrawn by applicant).
  • Ordered the plaintiff to pay the second defendant costs of HKD 93,791 (assessed on a summary basis).