4 Nov 2022
CHEN JINHUI v. WONG KAM SAN (黃錦新), by his guardian ad litem, HUANG YUEXIA (黃月霞) AND OTHERS
- Citation
- [2022] HKCA 1522
- Court
- Court of Appeal
- Case number
- CACV173/2021
The court applied Ladd v Marshall strictly to pre-trial evidence and refused to relax reasonable diligence absent a reasonable prospect that the judgment was obtained by fraud attributable to the plaintiff; it refused to admit most proposed items (Receipt, Items 1-22, Exhibit ZRW-32) for lack of reasonable diligence, materiality or credibility, but exercised discretion to admit Item 23 (post-trial Chen declaration and related documents) for the appeals (weight reserved for substantive hearing) and granted limited leave to the 1st-3rd Defendants to adduce Item 2(23). Costs ordered against defe…