17 Nov 2022
RE BGA HOLDINGS LTD (Formerly Known as BEIBU GULF OCEAN SHIPPING (GROUP) LTD)
- Citation
- [2022] HKCA 1723
- Court
- Court of Appeal
- Case number
- CACV591/2021
The applications to adduce fresh evidence were refused because the Company failed to satisfy the Ladd v Marshall requirements: Zhou's affirmation could have been obtained with reasonable diligence and would not have materially affected the outcome given her limited personal knowledge and the contemporaneous documentary record; Lau's later witness statement added nothing material as its relevant content was already before the court. Consequently the judge below was not wrong to find no bona fide dispute and the applications are dismissed.