Read the full judgment text of CACV 515/2018 on BabelCite. This Court of Appeal judgment was delivered on 18 March 2020 before Barma JA, Au JA.
Civil procedure – appeal – application to adduce further evidence – Order 59, rule 10(2) of the Rules of the High Court – evidence as to matters occurring after the date of the trial or hearing – whether fresh evidence should be admitted affecting basic assumptions at trial – whether bringing such application is an abuse of process where related issues are pending below – winding-up proceedings – non-disclosure directions over written reasons discharging joint provisional liquidators – Deed of Undertaking given effect of court order – Chapter 11 proceedings in the United States – application by Chapter 11 trustee for leave to use and copy the Kwok Decision – dismissal of originating summons by Harris J – whether Trustee's continued reference to the Kwok Decision in pleadings filed in US Bankruptcy Court after the dismissal order is admissible on appeal – open justice principle – foreign insolvency recognition and assistance – common law power to recognise and assist foreign insolvency office holders – five non-exhaustive factors – relevant connection between foreign office holder, company and appointing court – public policy – abuse of process – costs summarily assessed – certificate for two counsel – Hughes v Singh – China Fishery Group Limited and China Fisheries International Limited – application granted – Clark (2) admitted as evidence as to post-hearing matters – determination to stand without oral reconsideration – Trustee to pay HSBC costs summarily assessed at HK$260,000 with certificate for two counsel.
Legal issues: Admissibility of further evidence relating to events after the September 2018 Hearing · Whether HSBC's application is an abuse of process
Outcome: HSBC's application to adduce Clark (2) as further evidence on the appeal is granted; the application was determined on paper without an oral hearing and the Trustee is barred from requesting reconsideration at an oral hearing inter partes.
Cited by 28 cases · Cites 1 case