6 Jan 2023
TOTAL EXPRESS INTERNATIONAL (HK) LTD v. ZHANG JUNHUA
- Citation
- [2023] HKCA 11
- Court
- Court of Appeal
- Case number
- CACV461/2021
The Court allowed the new evidence because the Ladd v Marshall conditions were satisfied (the evidence could not have been obtained for the trial, would probably have important influence on the result by corroborating the defendant's account, and was apparently credible) and, because the new evidence was not incontrovertible and fairness required the plaintiff be allowed to challenge it, the appropriate remedy was to set aside the trial judge's judgment and order a new trial before another judge.