24 Aug 2018
RE QIN JUN
- Citation
- [2018] HKCA 527
- Court
- Court of Appeal
- Case number
- CACV109/2017
The appeal was dismissed because the new MLO point was a fact‑sensitive argument not raised below and permitting it on appeal would prejudice the respondent under the Flywin 'state of the evidence' principle; therefore the Court of Appeal declined to entertain the new point and affirmed the judge's findings that there was no substantial dispute on receipt of the $45m, and ordered indemnity costs against the debtor.