海德國際財務有限公司 對 佘紀輝前名佘高湧

海德國際財務有限公司 對 佘紀輝前名佘高湧

The appeal was dismissed because it was filed over eight months late without special reasons to admit fresh evidence, the appellant had previously admitted liability and accepted the judgment amount in court, and the appeal had no realistic prospect of success; accordingly discretion to permit a late appeal or admit...

Source-derived case information.

Citation
[2025] HKDC 772
Parties
Plaintiff: OCEAN ALLIED FINANCE LIMITED; Defendant: SHAI KEI FAI ANDY (formerly SHAI KO YUNG)
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
29 May 2025
Case Number
DCCJ3283/2023
Procedural Posture
Civil Appeal From Hearing Officer/registrar Decision / Determination of Late Appeal and Merits of Appeal
Outcome
appeal dismissed
Legal Topics
Appeal Timeliness, Admission of Fresh Evidence, Charging Order/possessory Order, Default Judgment
Source Language
ch
Civil Procedure Debt Recovery Enforcement Appeal Timeliness Admission of Fresh Evidence Charging Order/possessory Order Default Judgment

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Parties

OCEAN ALLIED FINANCE LIMITED

Plaintiff

SHAI KEI FAI ANDY (formerly SHAI KO YUNG)

Defendant

Procedural Posture

Civil Appeal From Hearing Officer/registrar Decision / Determination of Late Appeal and Merits of Appeal

  1. 1 Whether the appellant's appeal was filed out of time and whether discretion should be exercised to extend time
  2. 2 Whether new evidence (fresh affidavit) should be admitted on appeal under Ladd v Marshall criteria
  3. 3 Whether the appellant has realistic prospects of success on the merits given prior admissions and court scrutiny

Ratio Decidendi

The appeal was dismissed because it was filed over eight months late without special reasons to admit fresh evidence, the appellant had previously admitted liability and accepted the judgment amount in court, and the appeal had no realistic prospect of success; accordingly discretion to permit a late appeal or admit new evidence was refused and costs were awarded to the respondent.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed.
  • Appellant to pay respondent's costs of this appeal assessed summarily at HK$1,000.00.