4 Dec 2023
CHAN YAT MAN v. TUNG PO (H.K.) TECHNOLOGY ENTERPRISE LTD
- Citation
- [2023] HKCA 1317
- Court
- Court of Appeal
- Case number
- CACV414/2022
The appellant failed the first Ladd v Marshall condition because the smart phone allegedly containing the recording was obtained before trial and the recording could and should have been produced at trial; moreover the recording did not prove the pleaded meeting or agreed particulars and the appellant's explanations were unsatisfactory, therefore the fresh evidence was inadmissible and the summons to adduce it was dismissed.