Read the full judgment text of CACV 228/2015 on BabelCite. This Court of Appeal judgment was delivered on 20 October 2015 before Hon Lam VP, Barma JA and B Chu J.
Civil Appeal – Family Law – Contempt of Court – Hadkinson Sanction – Leave to file Answer and Cross Petition out of time – Costs – Respondent purged contempt on 18 September 2015 – Original order debarring Respondent ceased to be valid – Allegations in Cross Petition not vexatious – Respondent should not be deprived of day in court – Grenfell v Grenfell [1978] 1 All ER 561 distinguished – YSP v HFF [2004] 2 HKC 99 followed – Appeal allowed – Order of Judge Melloy set aside – Leave granted to file Answer and Cross Petition by 23 October 2015 – No order for costs in this appeal – Respondent to pay costs of Petitioner in HCMP 1755 of 2015 – Costs taxed on indemnity basis.
Legal issues: Leave to file Answer and Cross Petition out of time · Costs of this appeal · Costs of HCMP 1755 of 2015
Outcome: Appeal allowed. Order of Judge Melloy of 9 April 2015 set aside. Leave granted to Respondent to file Answer and Cross Petition by 23 October 2015.
Cited by 1 case · Cites 1 case