Tsoi Kwong Shi v. Guo Xin and Another

HCCW 227/2015

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

COMPANIES (WINDING-UP) NO. 227 OF 2015

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D E C I S I O N

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1.This is a very late application for introduction of additional evidence. It is contrary to the directions given by the court on 17 July 2014.

2.I agree with Mr Chan that there is no good explanation for the delay.  Even in respect of Mr Kei’s evidence, he regarded himself as having left the employment of AFM on 6 August 2015 and there is no proper explanation on what transpired between then and the making of his affirmation on 17 September 2015 as to why he changed his mind to give evidence in this case and what Tsoi did to persuade him to do so.

3.In any case, Kei’s evidence only adds to the dispute and is of little assistance to the court.

4.As regards the additional evidence from Tsoi, there is simply no reason to allow him another opportunity to file reply evidence on matters which are within his knowledge for some time.

5.Accordingly, the Summons dated 18 September 2015 is dismissed with costs to the respondents.

Mr William Wong SC and Mr Alex Fan, instructed by Hon & Co, for the petitioner

Mr Joe Chan, instructed by Fongs, for the 1^st and 2^nd respondents

Ms Fiona Lee, for Official Receiver