Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Late filing of evidence

  • 26 Mar 2024

    RE YU PUN HOI

    Citation
    [2024] HKCFI 922
    Court
    Court of First Instance
    Case number
    HCB6118/2023

    The summonses were dismissed and the adjournment refused because the applications were made very late without credible explanation, the Petitioner would suffer substantial prejudice from late evidence, the new evidence was of little probative value and raised credibility concerns, the Debtor had ample time and legal representation to present relevant evidence earlier, and there was no real prospect that further time would enable the Debtor to establish that the Petitioner’s security covered the petitioning debt; indemnity costs were ordered due to the dilatory conduct.

  • 12 Jan 2015

    LU JUN v. ASTROTEC COMPANY LTD (IN LIQUIDATION)

    Citation
    LU JUN v. ASTROTEC COMPANY LTD (IN LIQUIDATION)
    Court
    Court of First Instance
    Case number
    HCMP3125/2014

    The application to file opposing evidence out of time was refused because the respondent's delay was unexplained and unparticularised, its stated logistical excuses (director in Shanghai, festive season) were not credible in the modern communications context and/or postdated the deadline, and the respondent's evidence lacked substantive particulars and conflicted with the winding-up statement, with no authority shown to justify the asserted use of s228A.

  • 19 Jun 2001

    The Incorporated Owners of Wah Fat Industrial Building v. Lap Shing Investment (HK) Ltd.

    Citation
    The Incorporated Owners of Wah Fat Industrial Building v. Lap Shing Investment (HK) Ltd.
    Court
    District Court
    Case number
    DCCJ2620/2001

    On balance the court exercised its discretion to allow the defendants to file the late affirmations and the proposed defence and counterclaim because refusal would effectively shut the defendants out of a substantial claim and the explanations, while not ideal, were sufficient to justify admission; the matter was adjourned and costs of the adjournment ordered against the plaintiff.