Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Ladd v marshall requirements

Legal area

Court

8 Jul 2025

RE CHINA PROPERTIES GROUP LTD

Citation

[2025] HKCA 636
Court

Court of Appeal
Case number

CACV197/2023

Leave to appeal was refused because the Company advanced new grounds not previously canvassed, reversing a prior concession that rendered the questions academic and amounting to an abuse of process; the Court declined to address fresh issues not argued before it and followed the practice of deferring 'otherwise' grounds to the Court of Final Appeal; accordingly the Notice of Motion was dismissed and costs awarded to the Petitioner.
10 Jun 2022

RE ALAIN, KUNPA, formerly known as ARANBANPHOTKUN, PRATTHANA

Citation

[2022] HKCA 834
Court

Court of Appeal
Case number

CACV569/2020

Leave to adduce the Debtor's affirmation was refused because, applying Ladd v Marshall, although the evidence could not have been obtained earlier the proposed evidence would not probably have an important influence (no credible proof of ability to pay the disputed sum within the timeframe and the Debtor had reneged on prior promises) and the evidence lacked credibility; no exceptional circumstances justified displacing the Ladd v Marshall test.