Read the full judgment text of CACV 48/2021 on BabelCite. This 高等法院上訴法庭 judgment was delivered on 10 August 2021 before Hon Au and Chow JJA.
Civil Appeal - Building Management - Deed of Mutual Covenant (DMC) and Building Management Ordinance (Cap 344) - Whether structural concrete slab between 3rd and 4th floors constitutes common part of building - Whether Defendant responsible for repairs - Application for leave to adduce fresh evidence on appeal - Application to amend Defence in Court of Appeal - The Court of Appeal held that the slab is a common part under the DMC and BMO and granted declarations to that effect. The Defendant sought to adduce fresh evidence alleging Plaintiff caused damage to the slab, discovered only after the hearing due to denied access. The Court applied the three Ladd v Marshall conditions for admission of fresh evidence on appeal and found the second condition (important influence on appeal outcome) not satisfied. The Court further refused the Defendant's application to amend the Defence at the appeal stage, holding such amendments are premature and should be pursued in the trial court if the appeal succeeds. Costs awarded to Plaintiff summarily assessed at HK$80,000. The appeal continues on substantive issues regarding the construction of the DMC and responsibility declarations.
Legal issues: Admissibility of fresh evidence on appeal · Application to amend Defence in the Court of Appeal
Outcome: Defendant’s applications to adduce fresh evidence and to amend Defence in the Court of Appeal are dismissed. Costs awarded to Plaintiff.
Cited by 3 cases · Cites 1 case