17 Mar 2026
何漢標 對 陳靜芬高等法院原訟法庭法官
- Citation
- [2026] HKCA 362
- Court
- Court of Appeal
- Case number
- CACV499/2024
The application to admit the psychiatric report was refused because the applicant failed to show it could not with reasonable diligence have been obtained before the permission application (failing Ladd v Marshall limb 1) and failed to demonstrate the report would have had a material effect on the permission decision (failing limb 2); although the report was prima facie credible (limb 3 satisfied), there were no wholly exceptional circumstances or public interest to justify exercising the discretionary power to admit the evidence. The court therefore vacated the originating summonses for the…