陳壽祥 對 CHI WO CONTRACTORS LTD 及另一人

陳壽祥 對 CHI WO CONTRACTORS LTD 及另一人

The fresh evidence applications were refused because most documents were not genuinely new or lacked independent value and did not satisfy Ladd v Marshall; the new materials could not overturn the trial judge's credibility and factual findings which were supported by evidence; consequently there was no reasonable...

Source-derived case information.

Citation
[2026] HKCA 971
Parties
Appellant/plaintiff: Chan Sau Cheung; First Defendant: Chi Wo Contractors Limited; Second Defendant: Fraser Construction Company Limited
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
15 May 2026
Case Number
CAMP245/2024
Procedural Posture
Application for Leave to Appeal to the Court of Appeal / Decision on Leave Application and Application to Admit New Evidence (determined on Paper)
Outcome
application for fresh evidence refused; application for leave to appeal refused; stay of execution refused; costs awarded to defendants
Legal Topics
Leave to Appeal, Admission of Fresh Evidence (ladd V Marshall), Appellate Standard of Review, Credibility Findings, Costs Order, Stay of Execution
Source Language
ch
Personal Injury Employment Law Civil Procedure Evidence Law Workplace Safety Regulation Leave to Appeal Admission of Fresh Evidence (ladd V Marshall) Appellate Standard of Review +3 more

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Summary, issues, holding and outcome

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Parties

Chan Sau Cheung

Appellant/plaintiff

Chi Wo Contractors Limited

First Defendant

Fraser Construction Company Limited

Second Defendant

Procedural Posture

Application for Leave to Appeal to the Court of Appeal / Decision on Leave Application and Application to Admit New Evidence (determined on Paper)

  1. 1 Whether the Court should grant leave to appeal under District Court Ordinance s63A(2)
  2. 2 Whether fresh evidence should be admitted on appeal under Ladd v Marshall and High Court Rules Order 59
  3. 3 Whether the trial judge's credibility and factual findings were plainly wrong

Ratio Decidendi

The fresh evidence applications were refused because most documents were not genuinely new or lacked independent value and did not satisfy Ladd v Marshall; the new materials could not overturn the trial judge's credibility and factual findings which were supported by evidence; consequently there was no reasonable prospect of success on appeal and leave to appeal was refused; applications for stay and admission of fresh evidence denied and costs awarded to respondents.

Court Disposition

application for fresh evidence refused; application for leave to appeal refused; stay of execution refused; costs awarded to defendants

Orders

  • Applicant's applications to admit fresh evidence are refused
  • Applicant's application for leave to appeal is refused