20 Dec 2024
LI YIZHOU v. CHINA ZENITH CHEMICAL GROUP LTD
- Citation
- [2024] HKCFI 3654
- Court
- Court of First Instance
- Case number
- HCA1790/2023
Leave to admit the new undated refund letter fails because defendant did not exercise reasonable diligence to produce it to the Master (first limb of Ladd v Marshall), the letter would not have had important influence on the outcome nor was it sufficiently credible; on rehearing de novo defendant failed to demonstrate any bona fide triable defence (delivery, estoppel or illegality) that is supported by contemporaneous evidence; therefore the Master's summary judgment that the Bond was valid and payable is upheld and the appeal is dismissed.