7 May 2025
HUA XIA BANK CO., LTD HONG KONG BRANCH v. GAHOOD HOLDING COMPANY LTD AND OTHERS
- Citation
- [2025] HKCFI 1925
- Court
- Court of First Instance
- Case number
- HCMP238/2024
The court refused leave to adduce fresh evidence and to appeal out of time because the 2nd Defendant failed to exercise reasonable diligence in the original proceedings, the delay (about five months) was substantial and unjustified, the proposed fresh evidence did not disclose an arguable defence (mutual mistake/rectification and undue influence were rejected on the evidence, including an express warning in the D2 Mortgage and contemporaneous advice), and the Plaintiff would be prejudiced; costs awarded to the Plaintiff on an indemnity basis with gross-sum assessment on paper.