Read the full judgment text of FCMP 103/2012 on BabelCite. This FCMP judgment was delivered on 29 May 2015 before Deputy District Judge G. Own.
Maintenance Orders (Reciprocal Enforcement) Ordinance, Cap.188 – Judgment Summons – Registrar Jurisdiction – Bill of Rights Ordinance, Cap.383 – Regularity Challenge – Set Aside Application – Enforcement of Foreign Maintenance Order – Last Resort Remedy – Dismissal of Summons – No Costs – Canadian maintenance order arrears – Registrar enforcement under MOREO – Respondent challenged jurisdiction and regularity – Whether the Registrar has jurisdiction to take out the Judgment Summons under the MOREO without being joined as a party – Whether the Judgment Summons is irregular for not following O.48/O.49B of the RDC or lacking a margin note, and whether it infringes the Bill of Rights – Registrar has administrative jurisdiction under Section 7 of the MOREO – Procedure compliant under Rule 87 of the MCR and existing safeguards – SA Summons dismissed – Judgment Summons restored – No costs
Legal issues: Jurisdictional Challenge · Regularity Challenge
Outcome: Respondent’s SA Summons dismissed; Judgment Summons restored for hearing.
Cites 2 cases