WORLDPART INDUSTRIAL LTD v. ALL OCCUPIERS OF LOT NO. 1198 AND THE REMAINING PORTION OF LOT NO. 1220 BOTH IN DEMARCATION DISTRICT NO. 83, FANLING, NEW TERRITORIES, HONG KONG AND ANOTHER

WORLDPART INDUSTRIAL LTD v. ALL OCCUPIERS OF LOT NO. 1198 AND THE REMAINING PORTION OF LOT NO. 1220 BOTH IN DEMARCATION DISTRICT NO. 83, FANLING, NEW TERRITORIES, HONG KONG AND ANOTHER

The court refused to admit the late supplemental affirmation because of the unexplained delay, the history of the proceedings, the prejudice to the plaintiff, and the fact the applicant sought to set aside a judgment obtained after trial over two years earlier; under those circumstances the court would not exercise...

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Citation
WORLDPART INDUSTRIAL LTD v. ALL OCCUPIERS OF LOT NO. 1198 AND THE REMAINING PORTION OF LOT NO. 1220 BOTH IN DEMARCATION DISTRICT NO. 83, FANLING, NEW TERRITORIES, HONG KONG AND ANOTHER
Parties
Plaintiff: WORLDPART INDUSTRIAL LIMITED; 1st Defendant: All occupiers of Lot No.1198 and The Remaining Portion of Lot No.1220 both in Demarcation District No.83, Fanling, New Territories, Hong Kong
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
8 September 2016
Case Number
HCMP50/2005
Procedural Posture
Civil Land Dispute / Application to Set Aside Judgment; Hearing on Admission of Supplemental Evidence (post Trial, Over Two Years)
Outcome
Late supplemental affirmation excluded from the evidence for this hearing; application cannot rely on that affirmation for the hearing
Legal Topics
Setting Aside Judgment, Service of Process, Admission of Late Evidence, Supplemental Evidence
Source Language
en
Civil Procedure Land Law Evidence Setting Aside Judgment Service of Process Admission of Late Evidence Supplemental Evidence

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Parties

WORLDPART INDUSTRIAL LIMITED

Plaintiff

All occupiers of Lot No.1198 and The Remaining Portion of Lot No.1220 both in Demarcation District No.83, Fanling, New Territories, Hong Kong

1st Defendant

Procedural Posture

Civil Land Dispute / Application to Set Aside Judgment; Hearing on Admission of Supplemental Evidence (post Trial, Over Two Years)

Legal Issues

  1. 1 Whether to admit late supplemental affirmation/evidence
  2. 2 Whether a judgment obtained after trial may be set aside after a delay of over two years
  3. 3 Whether the plaintiff would be prejudiced by admitting late evidence

Ratio Decidendi

The court refused to admit the late supplemental affirmation because of the unexplained delay, the history of the proceedings, the prejudice to the plaintiff, and the fact the applicant sought to set aside a judgment obtained after trial over two years earlier; under those circumstances the court would not exercise its discretion to admit the evidence.

Court Disposition

Late supplemental affirmation excluded from the evidence for this hearing; application cannot rely on that affirmation for the hearing

Orders

  • Late affirmation not admitted as part of the evidence for this hearing