8 Feb 2023
YEUNG MAN v. NEW WINNING FINANCE COMPANY LTD, (IN LIQUIDATION), a Creditor
- Citation
- [2023] HKCA 156
- Court
- Court of Appeal
- Case number
- CACV239/2022
The Court refused all applications to adduce new evidence because (i) the Ouyang and Yang affirmations were not material to whether the debtor herself paid interest and thus would not probably influence the outcome, and (ii) Wen's affirmations could have been obtained with reasonable diligence by the debtor before the hearing so the first Ladd v Marshall condition was not satisfied; consequently the amendment application failed and the summons was dismissed with a costs order nisi for HKD 200000.