Adducing fresh evidence on appeal
31 Jul 2019
In the recent decision of Anan Group (Singapore) Pte Ltd v VTB Bank (Public Joint Stock Co)  SGCA 41, the Court of Appeal allowed an application to adduce fresh evidence for an appeal against a winding-up order.
The Court of Appeal held that where an appeal is against a judgment after a trial (or a hearing having the full characteristics of a trial), the rule in Ladd v Marshall  1 WLR 1489 should generally be applied in its full rigour. However, where the hearing was not upon the merits (such as in the case of interlocutory appeals), then Ladd v Marshall serves as a guideline which the court is entitled but not obliged to refer to.
The Court of Appeal laid out a two-step analysis which courts should consider when dealing with an application to adduce fresh evidence on appeal. The overarching consideration the courts have is whether justice would be served by the decision.
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