CHAMPION CONCORD LTD AND ANOTHER v. LAU KOON FOO AND ANOTHER

CHAMPION CONCORD LTD AND ANOTHER v. LAU KOON FOO AND ANOTHER

The application was dismissed because the proposed rectification claim would raise new and disputed facts inappropriate for determination by the Court of Final Appeal, the relevant evidence was available at first instance and deliberately not adduced, and the Flywin principle bars raising the omitted point on appeal absent exceptional circumstances; no such circumstances were shown.

Citation
CHAMPION CONCORD LTD AND ANOTHER v. LAU KOON FOO AND ANOTHER
Parties
1st Appellant / 1st Plaintiff: Champion Concord Limited; 2nd Appellant / 2nd Plaintiff: Craigside Investments Limited; 1st Respondent / Plaintiff: Lau Koon Foo; 2nd Respondent / 2nd Defendant: The District Lands Officer, Sai Kung
Court
Court of Final Appeal
Jurisdiction
Hong Kong
Judgment Date
27 May 2011
Case Number
FACV16/2010
Procedural Posture
Civil Final Appeal / Interlocutory Application for Leave to Amend Pleadings and to Adduce Fresh Evidence to Introduce a Rectification Claim; Application Dismissed
Outcome
Application dismissed
Legal Topics
Rectification, Admission of Fresh Evidence on Appeal, Summary Judgment, Construction of Settlement Agreement, Mediation Confidentiality, Leave to Amend Pleadings on Appeal
Source Language
EN
Contract Civil Procedure Evidence Alternative Dispute Resolution Property Law Rectification Admission of Fresh Evidence on Appeal Summary Judgment +3 more

Case Brief

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Parties

Champion Concord Limited

1st Appellant / 1st Plaintiff

Craigside Investments Limited

2nd Appellant / 2nd Plaintiff

Lau Koon Foo

1st Respondent / Plaintiff

The District Lands Officer, Sai Kung

2nd Respondent / 2nd Defendant

Procedural Posture

Civil Final Appeal / Interlocutory Application for Leave to Amend Pleadings and to Adduce Fresh Evidence to Introduce a Rectification Claim; Application Dismissed

Legal Issues

  1. 1 Whether leave should be granted to amend pleadings and adduce new evidence on appeal to introduce a claim for rectification of a settlement agreement
  2. 2 Whether evidence about mediation can be admitted and relied upon where confidentiality concerns arise
  3. 3 Whether the proposed new claim raises factual disputes inappropriate for determination by the Court of Final Appeal

Ratio Decidendi

The application was dismissed because the proposed rectification claim would raise new and disputed facts inappropriate for determination by the Court of Final Appeal, the relevant evidence was available at first instance and deliberately not adduced, and the Flywin principle bars raising the omitted point on appeal absent exceptional circumstances; no such circumstances were shown.

Court Disposition

Application dismissed

Orders

  • Application for leave to amend pleadings and to adduce affidavit evidence to introduce a rectification claim dismissed
  • Costs awarded to the respondent