21 Apr 2023
CHEN JINHUI v. WONG KAM SAN (黃錦新), by his guardian ad litem, HUANG YUEXIA (黃月霞) AND OTHERS
- Citation
- [2023] HKCA 513
- Court
- Court of Appeal
- Case number
- CACV173/2021
The Court refused leave to appeal: the Ladd v Marshall conditions govern applications to adduce new evidence on appeal; the reasonable diligence requirement will only be relaxed where there is a reasonable prospect that the judgment was procured by fraud causative of the impugned judgment and, in the context of an application to adduce fresh evidence, the evidence did not show such a prospect nor that the respondent was responsible for or aware of the fraud; post-trial interview evidence whose veracity cannot be tested by cross-examination is properly excluded; the questions raised were not o…