19 Jan 2023
中紀投資有限公司 v. 青山道國際工業大廈業主立案法團 AND ANOTHER
- Citation
- [2023] HKCA 93
- Court
- Court of Appeal
- Case number
- CACV96/2021
The court dismissed the IO's summons because the proposed additional ground and new evidence failed the Flywin 'state of the evidence' fairness hurdle and so leave to adduce that evidence on appeal was refused; by contrast the 9A owner, not being a party at trial, could not be barred by those rules and was granted leave to adduce its proposed evidence and to advance estoppel/acquiescence/clean hands and Buildings Ordinance arguments on appeal.