15 Apr 2024
NEW SPARKLE ROLL INTERNATIONAL GROUP LTD AND ANOTHER v. SZE CHING LAU AND ANOTHER
- Citation
- [2024] HKCA 336
- Court
- Court of Appeal
- Case number
- CAMP35/2024
Leave to appeal was granted and fresh evidence admitted because the appeal had a reasonable prospect of success and the Ladd v Marshall criteria were met; the judge below proceeded on an erroneous understanding that the defendant had elected not to file evidence, resulting in procedural unfairness that materially affected her assessment of merits and balance of convenience; on rehearing the Court of Appeal exercised the discretion afresh and refused to grant the mandatory interlocutory injunction because the plaintiffs had not shown the requisite strength of their case and adequate alternativ…