8 May 2015
LI MINGREN v. QUESTEX DEVELOPMENT INC. AND ANOTHER
- Citation
- LI MINGREN v. QUESTEX DEVELOPMENT INC. AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACV141/2014
The court admitted the fresh evidence obtained from PRC proceedings because (1) the implied undertaking against use of disclosed documents ceased once the PRC court referred to those bank records in its open-court judgment (Ord 24 r.14A), and (2) Ladd v Marshall's first condition was satisfied because the documents could not have been obtained with reasonable diligence before the summary judgment hearing; the fresh evidence raised a triable issue capable of undermining the summary judgment, so leave to adduce it on appeal was granted; consequently the court declined to order security for cost…