Read the full judgment text of HCA 000919/2002 on BabelCite. This High Court CFI judgment was delivered on 13 November 2002 before Deputy High Court Judge A Cheung.
Civil procedure – Order 14 – summary judgment – appeal from master to judge in chambers – admission of further evidence – Ladd v. Marshall test – inapplicability to de novo hearing – discretion of judge in chambers – Core Resources Far East Limited v. Sky Founders Limited – latitude extended because appeal is parties' last practical opportunity to put in all required evidence – refusal only where new evidence raises totally different matter or contradicts position taken below – writ issued March 2002, defence filed mid-May 2002, Order 14 summons taken out 8 August 2002, summary judgment granted by Master June Wee – notice of appeal filed 28 October 2002 – appeal heard 13 November 2002 – Defendant's new counsel filed 2nd and 3rd affirmations of Ms Tsang Siu Lan Jones shortly before hearing – Plaintiff opposed late filing – Madam To Yee Man filed responding affirmation – further evidence held to supplement and be consistent with earlier evidence and filed defence – leave granted to both parties to rely on further affirmations – no deliberate delay found – any adjournment would not cause real or substantial prejudice – costs of Defendant's application to adduce further evidence ordered to be paid by Defendant to Plaintiff in any event, to be taxed if not agreed.
Legal issues: Test for admission of further evidence in appeal from master to judge in chambers · Whether to exercise discretion to allow further evidence despite late filing and potential delay
Outcome: Leave granted to the Defendant to file, serve and rely on the 2nd and 3rd affirmations of Ms Tsang Siu Lan Jones, and to the Plaintiff to file, serve and rely on the 1st affirmation of Madam To Yee Man; the appeal was then to be heard further on the merits.
Cites 1 case