WONG LAI LING v. LAM KIN CHUNG

WONG LAI LING v. LAM KIN CHUNG

The summons to admit after-discovered committal material was dismissed because the defendant failed to establish the special grounds required for fresh evidence on appeal: the material was effectively self-generated, the defendant did not exercise reasonable diligence in obtaining the endorsement before the master,...

Source-derived case information.

Citation
WONG LAI LING v. LAM KIN CHUNG
Parties
Plaintiff: Wong Lai Ling; Defendant: Lam Kin Chung
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
14 May 2012
Case Number
HCA828/2011
Procedural Posture
Civil Debt/contract (summary Judgment/order 14) / Appeal From Order 14 Judgment; Summons to Adduce Further Evidence Heard in Chambers
Outcome
Summons to adduce further evidence dismissed; substantive appeal adjourned.
Legal Topics
Summary Judgment, Order 14, Admission of Fresh Evidence on Appeal, Ladd V Marshall Principles, Duress and Undue Influence, Credit/set Off for Payments, Committal (contempt) Application
Source Language
en
Civil Procedure Evidence Contract Law Equity Contempt of Court Company Law Summary Judgment Order 14 +5 more

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Summary, issues, holding and outcome

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Parties

Wong Lai Ling

Plaintiff

Lam Kin Chung

Defendant

Procedural Posture

Civil Debt/contract (summary Judgment/order 14) / Appeal From Order 14 Judgment; Summons to Adduce Further Evidence Heard in Chambers

Legal Issues

  1. 1 Whether post-judgment committal material constitutes admissible after-discovered evidence on appeal from Order 14
  2. 2 Whether defendant exercised reasonable diligence in obtaining the evidence prior to the master’s hearing
  3. 3 Whether the new material would probably have an important influence on the result or raise a triable issue

Ratio Decidendi

The summons to admit after-discovered committal material was dismissed because the defendant failed to establish the special grounds required for fresh evidence on appeal: the material was effectively self-generated, the defendant did not exercise reasonable diligence in obtaining the endorsement before the master, the evidence would not have an important influence on the Order 14 result, and the contested endorsement lacked corroboration and was not prima facie credible.

Court Disposition

Summons to adduce further evidence dismissed; substantive appeal adjourned.

Orders

  • Summons for leave to adduce further evidence dismissed.
  • Substantive appeal adjourned for later hearing.