Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Set aside for fraud
  • 25 Mar 2020

    RE WONG SEE YIN

    Citation
    [2020] HKCA 174
    Court
    Court of Appeal
    Case number
    CACV78/2019

    The appeal court refused leave to adduce fresh evidence because the Ladd v Marshall criteria were not met: the documents were not shown to be unobtainable with reasonable diligence, would not materially affect the outcome, and did not establish fraud; and the court ordered security for costs ($300,000) because the debtor was impecunious, lacked countervailing factors or reasonable prospects sufficient to outweigh the prejudice to the respondent, and it was just to stay the appeal until security was paid, with specified costs awards.