Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Late application to adduce evidence
  • 7 Oct 2014

    NAM CHING WUN v. TSUN UN PAWN SHOP AND OTHERS

    Citation
    NAM CHING WUN v. TSUN UN PAWN SHOP AND OTHERS
    Court
    Court of First Instance
    Case number
    HCA2151/2008

    The summons was dismissed because the applicant offered no satisfactory explanation for the considerable delay and surprise, the decision to rely solely on the plaintiff as sole witness was made with legal advice and should have prompted earlier steps, and admission of the son\'s witness statement at this late stage would cause real, irremediable forensic prejudice to the defendants (including the unfair advantage of tailoring evidence after reading the deposition) and would undermine the case management objectives of the CJR and the Rules of the High Court.

  • 25 Jul 2013

    TIN LIK v. DEUTCHE BANK AG AND OTHERS

    Citation
    TIN LIK v. DEUTCHE BANK AG AND OTHERS
    Court
    Court of First Instance
    Case number
    HCCL17/2011

    The court admitted the late additional evidence because it was admissible, relevant and probative, did not introduce a new case, the lateness was not sufficiently prejudicial given the remaining time before trial and the judge's diary could accommodate extra days, and proportionality favored admission given the large quantum and serious allegations; costs were allocated to reflect which party gained and lost on the contested application.