21 Mar 2023
EBS v. NTCD
- Citation
- [2023] HKCA 425
- Court
- Court of Appeal
- Case number
- CACV543/2021
The Court admitted the post-trial affidavits because the fresh evidence about the Wife's continued occupation and the later sale of the property was directly relevant to s.7(1) MPPO considerations (conduct and all circumstances), could substantially affect a basic assumption made at trial about asset division and relief, there was no inordinate delay warranting exclusion, and fairness in adjudicating the pending appeal outweighed finality concerns; consequently both parties' affidavits were permitted to be relied upon at the appeal hearing.