Hong Kong Case Law: Decisions & Judgments

Topic

Amendment of grounds of appeal

Legal area

Court

8 Dec 2025

YIELD SAIL LTD v. LAND MASTER SURVEYORS LTD

Citation

[2025] HKDC 1998
Court

District Court
Case number

DCCJ579/2023

The court refused leave to appeal out of time and refused leave to appeal against the substantive dismissal because the plaintiff failed to show reasonable diligence in procuring the fresh evidence (Tim) and the intended grounds lacked a reasonable prospect of success; consequently the amendment summons and application for stay were dismissed and costs were awarded against the plaintiff.
14 Jul 2023

LIN ZHINIAN v. 林阮求

Citation

[2023] HKCA 866
Court

Court of Appeal
Case number

CACV319/2021

The summons to adduce new evidence and to amend the notice of appeal was dismissed because the respondent failed the first Ladd v Marshall criterion (the evidence could have been obtained with reasonable diligence), the application was inappropriately late with no satisfactory explanation, the proposed fresh evidence was largely hearsay and unlikely to affect the credibility‑based findings at trial, and the proposed new grounds of appeal were not reasonably arguable; respondent ordered to pay applicant’s costs of the summons.
20 Jan 2022

香港特別行政區訴呂鳳宝

Citation

[2022] HKCA 161
Court

Court of Appeal
Case number

CACC74/2021

Leave to appeal was granted on grounds (1) and (4) because both raise arguable points: (1) that the trial judge may have misdirected the jury by involving reliability at the wrong stage when considering cautioned statements (Mushtag issue), and (4) that there is a real issue whether the appellant possessed the drugs in the trunk given the facts; leave was refused on (2) and (3) because the contested remarks were explanatory comments on evidence or legitimate separations of issues by the trial judge and did not constitute reversible misdirection.
21 Aug 2018

COMMISSIONER OF INLAND REVENUE v. PERFEKTA ENTERPRISES LTD

Citation

[2018] HKCA 544
Court

Court of Appeal
Case number

CACV115/2017

Both applications for leave to appeal to the Court of Final Appeal were dismissed. The court held Perfekta’s framed question was not engaged because the appeal was confined to choosing between the majority and the minority views and the minority view could be treated as the Board’s decision in those circumstances; and the Commissioner’s challenge to established trading profit computation was not reasonably arguable and did not demonstrate that ss14/16 IRO invariably dispense with opening/closing stock adjustments. Costs were awarded to the respective parties with certificate for two counsel.
1 Feb 2007

RE LEGEND INTERNATIONAL RESORTS LTD

Citation

RE LEGEND INTERNATIONAL RESORTS LTD
Court

Court of Appeal
Case number

CACV223/2006

Leave to appeal was refused because the proposed amended grounds of appeal disclosed no arguable merit and the applicants (former directors) lacked a sufficient interest, such that the Court could not rationally grant leave to appeal to the Court of Final Appeal.
24 May 1985

YUEN v. YUEN

Citation

YUEN v. YUEN
Court

Court of Appeal
Case number

CACV46/1985

The appeal was dismissed because the Deputy Judge was entitled to find the Respondent could obtain and produce the partnership accounts (either from his own copies or via the accountant as agent), the alleged partners' agreement was not a properly raised or established ground to defeat production, and there was no error in the Judge's factual findings or exercise of discretion.
9 Oct 1974

DAVID ANDREW HUSSEY v. THE QUEEN

Citation

DAVID ANDREW HUSSEY v. THE QUEEN
Court

Court of Appeal
Case number

CACC550/1974

An appellant must apply to the court to amend a notice of appeal and comply with section 114 of the Magistrates Courts Ordinance; a late amended grounds filed without such application is improper and may not be entertained, and the appeal was therefore dismissed (conviction and sentence affirmed).

Hong Kong Case Law

YIELD SAIL LTD v. LAND MASTER SURVEYORS LTD

LIN ZHINIAN v. 林阮求

香港特別行政區 訴 呂鳳宝

COMMISSIONER OF INLAND REVENUE v. PERFEKTA ENTERPRISES LTD

RE LEGEND INTERNATIONAL RESORTS LTD

YUEN v. YUEN

DAVID ANDREW HUSSEY v. THE QUEEN

香港特別行政區訴呂鳳宝