鄭惠芬 對 黃玉英

鄭惠芬 對 黃玉英

The leave to appeal was refused because the applicant failed to demonstrate a reasonable prospect of success: the fresh evidence did not meet Ladd v Marshall thresholds, the trial judge properly exercised discretion in allowing McKenzie friends without prejudicing fairness, the factual findings were supported by...

Source-derived case information.

Citation
[2023] HKDC 737
Parties
Plaintiff: CHENG WAI FUN (鄭惠芬); Defendant: WONG YUK YING (黃玉英)
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
14 June 2023
Case Number
DCCJ6404/2019
Procedural Posture
Civil Litigation (district Court) / Application for Leave to Appeal (written Determination)
Outcome
Leave to appeal refused; application dismissed.
Legal Topics
Leave to Appeal, Mc Kenzie Friend, Admission of Fresh Evidence, Standard of Appellate Review, Ladd V Marshall Test, Costs Assessment
Source Language
ch
Civil Procedure Appeal Evidence Costs Family Property Leave to Appeal Mc Kenzie Friend Admission of Fresh Evidence +3 more

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Parties

CHENG WAI FUN (鄭惠芬)

Plaintiff

WONG YUK YING (黃玉英)

Defendant

Procedural Posture

Civil Litigation (district Court) / Application for Leave to Appeal (written Determination)

  1. 1 Whether the applicant has a reasonable prospect of success on appeal under s63A(2) of the District Court Ordinance
  2. 2 Whether newly proffered evidence at leave stage should be admitted (Ladd v Marshall criteria)
  3. 3 Whether trial judge misapplied discretion in permitting McKenzie friends and whether that affected fairness of trial

Ratio Decidendi

The leave to appeal was refused because the applicant failed to demonstrate a reasonable prospect of success: the fresh evidence did not meet Ladd v Marshall thresholds, the trial judge properly exercised discretion in allowing McKenzie friends without prejudicing fairness, the factual findings were supported by evidence and not manifestly erroneous, procedural allegations (compressed hearing) were not prejudicial, and complaints about counsel do not justify appellate reversal.

Court Disposition

Leave to appeal refused; application dismissed.

Orders

  • Leave to appeal dismissed.
  • Applicant ordered to pay respondent costs of HK$1,000 to be paid immediately.