NAM YIU KEUNG 對 WONG WAI CHUEN

NAM YIU KEUNG 對 WONG WAI CHUEN

Fresh evidence application refused because most items were obtainable before trial or already before the court and would not have an important impact on outcome; appellant failed to show reasonable prospects of success or that trial judge's factual findings were plainly wrong; extension of time for leave to appeal...

Source-derived case information.

Citation
[2023] HKCA 825
Parties
Appellant: Nam Yiu Keung; Respondent: Wong Wai Chuen
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
5 July 2023
Case Number
CAMP300/2022
Procedural Posture
Application for Leave to Appeal and Admission of Fresh Evidence (appeal From District Court) / Application to Admit Fresh Evidence and Application for Extension of Time for Leave to Appeal (oral/written Submissions on Leave and Evidence)
Outcome
Application to admit fresh evidence refused; application for extension of time for leave to appeal refused; leave to appeal not granted; costs awarded to respondent.
Legal Topics
Leave to Appeal, Extension of Time, Admission of Fresh Evidence, Assessment of Damages, Offset by Employees' Compensation, Costs
Source Language
ch
Civil Litigation Personal Injury Appeal Evidence Procedure Leave to Appeal Extension of Time Admission of Fresh Evidence +3 more

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Parties

Nam Yiu Keung

Appellant

Wong Wai Chuen

Respondent

Procedural Posture

Application for Leave to Appeal and Admission of Fresh Evidence (appeal From District Court) / Application to Admit Fresh Evidence and Application for Extension of Time for Leave to Appeal (oral/written Submissions on Leave and Evidence)

  1. 1 whether to admit fresh evidence on appeal under the three‑part test
  2. 2 whether to grant leave to appeal out of time
  3. 3 whether appellant demonstrated a reasonable prospect of success

Ratio Decidendi

Fresh evidence application refused because most items were obtainable before trial or already before the court and would not have an important impact on outcome; appellant failed to show reasonable prospects of success or that trial judge's factual findings were plainly wrong; extension of time for leave to appeal denied for lack of reasonable prospect of success; costs awarded to respondent in the sum assessed at HKD 85,000.

Court Disposition

Application to admit fresh evidence refused; application for extension of time for leave to appeal refused; leave to appeal not granted; costs awarded to respondent.

Orders

  • Refuse admission of the 24 items of fresh evidence.
  • Dismiss the application for extension of time to apply for leave to appeal and refuse leave to appeal.