Read the full judgment text of CACV 262/2021 on BabelCite. This Court of Appeal judgment was delivered on 31 October 2022 before 袁家寧,朱芬齡.
Civil Appeal – Leave to Appeal to Court of Final Appeal – New Evidence – Costs – Ladd v Marshall conditions – Public importance – Court of Final Appeal Ordinance s.22(1)(b) – Respondent applied for leave to appeal to CFA and to file new evidence – Court held new evidence did not meet Ladd v Marshall conditions as documents existed prior to costs assessment and no explanation for late acquisition – Court held leave application did not meet s.22(1)(b) as arguments focused on case facts rather than issues of general/public importance and some arguments were new issues not raised in previous stages – Leave to appeal refused – New evidence application refused – Respondent ordered to pay Applicant's costs on summary assessment basis.
Legal issues: 新證據申請 · 終審法院上訴許可申請
Outcome: 上訴許可申請及新證據申請遭拒絕;答辯人須支付收取方訟費
Cited by 1 case · Cites 4 cases