A v B [2025] 4 HKC 231, [2025] HKCFI 1596 (Madeleine Booth)
Nigel Kat SC and Madeleine Booth represented the petitioner in A v B [2025] 4 HKC 231, [2025] HKCFI 1596.
The petitioner wife sought ancillary relief in divorce proceedings commenced in 2016, focusing on the respondent husband’s asset and fund management companies (‘CD Group’). In April 2025, the petitioner applied to adduce 51 items (712 pages) of CD Group board meeting minutes as new evidence for the ancillary relief trial starting on 9 April 2025, claiming they were essential to assess the respondent’s assets and credibility. The respondent opposed the application.
Held, granting the application in part:
(1) The petitioner’s argument that the court’s quasi-inquisitorial role in matrimonial proceedings disallowed it to exclude relevant evidence on case management grounds was rejected. The Rules of the High Court (Cap 4A) applied to matrimonial cases by virtue of r 3 of the Matrimonial Causes Rules (Cap 179A) and required active case management by the court. There were no exceptional circumstances in the case and the Court could rely on the parties to look after their own interests. Mimi Kar Kee Wong Hung v Raymond Kin Sang Hung (No 2) (2015) 18 HKCFAR 210; [2015] HKFLR 318 and Chan Cheung Ming Jacky v Siu Sin Man [2014] 5 HKLRD 89; [2014] HKCU 1959 considered (paras 11-13).
(2) Where a party sought to adduce new evidence at a late stage, one of the important considerations of the Court would be the reason for the delay. In this regard, the petitioner’s delay in seeking to adduce items 4–51 was inexcusable. Despite attending relevant board meetings and knowing the respondent’s stance on asset valuation for years, the petitioner only began searching for documents in support of her case in 2025, and thereby causing the delay (paras 24-26).
(3) Allowing a large amount of late evidence would prejudice the respondent by disrupting his legal team’s trial preparation and approach of the petitioner’s cross-examination, which outweighed the evidence’s probative value (paras 27, 32-34).
[The above is excerpted from the headnote to the report in HKC.]
