Hong Kong Case Law: Decisions & Judgments

Topic

Adduction of new evidence

Legal area

Court

25 Jul 2019

B, A also known as AB v. B, L also known as LB also known as LZ also known as LZB also known as LZC also known as ZCL

Citation

[2019] HKCA 822
Court

Court of Appeal
Case number

CACV18/2018

The Court allowed the appeal and set aside the relocation order because a drastic change of circumstances (mother’s relocation from Miami to San Diego and pregnancy) together with insufficient and scant information about the mother’s current arrangements vitiated the factual foundation on which the trial judge granted relocation; the correct course was to permit amendment of the application, obtain updated social reports (local and US) and remit the matter to the trial judge for reconsideration under the paramount welfare principle.
4 Mar 2019

RE T

Citation

[2019] HKCA 222
Court

Court of Appeal
Case number

CACV203/2018

The deputy judge correctly refused leave because the applicant had no realistic prospect of success: the Board had validly considered the non-refoulement grounds and found state protection and internal relocation viable; the applicant failed to follow the statutory procedure for adducing new evidence under Schedule 1A (ss 18(2), 19) and failed to particularise complaints; the applicant also failed to comply with mandatory case management directions (Practice Direction 4.1), justifying debarment and disposal of the appeal on paper, therefore the appeal is dismissed.
24 Apr 2017

IP PUI LAM ARTHUR AND ANOTHER v. ALAN CHUNG WAH TANG AND ANOTHER

Citation

IP PUI LAM ARTHUR AND ANOTHER v. ALAN CHUNG WAH TANG AND ANOTHER
Court

Court of Appeal
Case number

CACV214/2016

The decisive principle is that the appeal concerned whether the defendants were in contempt; because the court upheld the finding of contempt the defendants must bear substantial indemnity costs. The court quantified that by affirming 80% of costs below and reducing the appeal costs to 70% on indemnity basis due to the plaintiffs' unsuccessful attempt to adduce new evidence and an unnecessary argument in the amended respondent's notice; committal order was considered no longer appropriate.

Hong Kong Case Law

B, A also known as AB v. B, L also known as LB also known as LZ also known as LZB also known as LZC also known as ZCL

RE T

IP PUI LAM ARTHUR AND ANOTHER v. ALAN CHUNG WAH TANG AND ANOTHER