MUHAMMAD IBRAHIM v. ASMAT A. M. KHAN

MUHAMMAD IBRAHIM v. ASMAT A. M. KHAN

A defendant who omits to disclose his financial inability to meet conditions in his showing-cause affidavit and does not inform the trial judge that he wishes to adduce evidence of impecuniosity cannot as of right adduce that evidence for the first time on appeal; fresh evidence will only be admitted on appeal on special grounds (R.S.C. 0.59 r.10(2)/Ladd v. Marshall). Absent such special grounds and given the representation and conduct of the appellant, the Court will not admit late evidence and will dismiss the appeal.

Citation
MUHAMMAD IBRAHIM v. ASMAT A. M. KHAN
Parties
Plaintiff: Muhammad Ibrahim; Defendant: Asmat A. M. Khan
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
18 December 1985
Case Number
CACV146/1985
Procedural Posture
Civil Appeal (order 14 Summary Judgment Under R.s.c. 0.14) / Hearing on Appeal in the Court of Appeal; Judgment Delivered
Outcome
Appeal dismissed
Legal Topics
R.s.c. Order 14 Summary Judgment, Leave to Defend, Defendant Impecuniosity, Admission of Fresh Evidence on Appeal, Ladd V. Marshall / Special Grounds
Source Language
EN
Civil Procedure Appeals Evidence Commercial Litigation R.s.c. Order 14 Summary Judgment Leave to Defend Defendant Impecuniosity Admission of Fresh Evidence on Appeal +1 more

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Parties

Muhammad Ibrahim

Plaintiff

Asmat A. M. Khan

Defendant

Procedural Posture

Civil Appeal (order 14 Summary Judgment Under R.s.c. 0.14) / Hearing on Appeal in the Court of Appeal; Judgment Delivered

Legal Issues

  1. 1 Whether a defendant may adduce fresh evidence of impecuniosity for the first time on appeal
  2. 2 Whether a condition requiring payment into court is unlawful if it is impossible for the defendant to fulfil
  3. 3 What is the onus on a defendant to disclose financial means in O.14 proceedings

Ratio Decidendi

A defendant who omits to disclose his financial inability to meet conditions in his showing-cause affidavit and does not inform the trial judge that he wishes to adduce evidence of impecuniosity cannot as of right adduce that evidence for the first time on appeal; fresh evidence will only be admitted on appeal on special grounds (R.S.C. 0.59 r.10(2)/Ladd v. Marshall). Absent such special grounds and given the representation and conduct of the appellant, the Court will not admit late evidence and will dismiss the appeal.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Judgment in default entered against the Defendant for failure to comply with the Deputy Judge's condition to pay the claimed sum into Court