26 Jun 2024
NG NIM CHUNG, deceased AND ANOTHER v. NG WING MAN TERRY
- Citation
- [2024] HKCA 577
- Court
- Court of Appeal
- Case number
- CACV367/2022
The Court dismissed the appeal because the Judge did not act perversely or on wrong principle in exercising his discretion under Order 35, r 2: the defendant produced credible new evidence (airline refusal and quarantine arrangements) which justified setting aside the judgment despite a prior refusal to adjourn; the defendant had arguable prospects on the disputed factual issue of beneficial ownership; prejudice to the plaintiffs was manageable and costs orders below should remain, with costs of this appeal to be in the cause of the retrial.