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.