TOP CATERING DEVELOPMENT LTD 對 CHAN SZE NGA FIONA t/a TASTY

TOP CATERING DEVELOPMENT LTD 對 CHAN SZE NGA FIONA t/a TASTY

The Court refused the defendant's application to admit new documentary evidence because the documents plainly existed at the trial and the defendant failed Ladd v Marshall's first limb (no reasonable effort to obtain them before trial) and failed to show the evidence would have an important influence; the hearing...

Source-derived case information.

Citation
[2019] HKCA 806
Parties
Respondent: TOP CATERING DEVELOPMENT LIMITED; Appellant: CHAN SZE NGA FIONA trading as TASTY
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
26 July 2019
Case Number
CACV265/2018
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Application to Admit Fresh Evidence and Costs
Legal Topics
Admission of Fresh Evidence, Ladd V Marshall Test, Appellate Review of Factual Findings, Assessment of Costs, Practice Direction on Hearing Transcripts
Source Language
ch
Civil Procedure Evidence Appeal Costs Admission of Fresh Evidence Ladd V Marshall Test Appellate Review of Factual Findings Assessment of Costs +1 more

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Parties

TOP CATERING DEVELOPMENT LIMITED

Respondent

CHAN SZE NGA FIONA trading as TASTY

Appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Application to Admit Fresh Evidence and Costs

  1. 1 Whether fresh evidence should be admitted on appeal under the Ladd v Marshall test
  2. 2 Whether the evidence was reasonably obtainable at trial
  3. 3 Whether the proposed fresh evidence would have an important influence on the outcome

Ratio Decidendi

The Court refused the defendant's application to admit new documentary evidence because the documents plainly existed at the trial and the defendant failed Ladd v Marshall's first limb (no reasonable effort to obtain them before trial) and failed to show the evidence would have an important influence; the hearing transcript could be included without application; accordingly the application was dismissed and costs were awarded to the plaintiff in the sum of HKD10000.