Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Admission of affidavit evidence

Legal area

Court

4 Sept 2020

R STAHL INC (a company incorporated in the United States of America) v. AJ DEVELOPMENT LTD

Citation

[2020] HKCA 747
Court

Court of Appeal
Case number

CACV163/2020

Where an interlocutory refusal to admit affidavit evidence was made in the course of the hearing that produced a final judgment, and the respondent has appealed that final judgment as of right, no separate leave to appeal is required in respect of the interlocutory refusal because the appeal opens the whole judgment including evidential rulings.
28 May 2020

CHU HSIAO CHIU alias CHU TONY CHU HSIAO CHIU alias CHU HSIAO CHIU, deceased v. MA JINRUI MA MING AND ANOTHER

Citation

[2020] HKCFI 942
Court

Court of First Instance
Case number

HCA2994/2018

The court exercised its discretion to admit the two late affidavits because their relevance and probative value, combined with manageable prejudice to the defendants and available short adjournment, justified admission; the defendants were given a six-week reply period, the hearing was adjourned to a specific date, and the plaintiff was ordered to pay the costs of the application including wasted costs assessed summarily if not agreed.