Case Document

FCMC 1678/2013

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MATRIMONIAL CAUSES NO. 1678 OF 2013

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BETWEEN
	HTL	Petitioner
	and
	K,RE	Respondent

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Coram: Her Honour Judge Sharon D. Melloy in Chambers (Not open to the public)

Date of Hearing: 4 January 2016

Date of Ruling: 6 January 2016

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R U L I N G
(Leave to appeal out of time)

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1.This is the first of three applications issued by the respondent husband that seek in one guise or another to appeal against my judgment of the 10 November 2015. In this summons the respondent seeks leave to appeal the order arising out of that judgment out of time. He has also issued a further two summonses, both of which are also dated the 8 December 2015, the first to appeal against the judgment dated the 10 November 2015 and the second to appeal against the order dated the 10 November 2015. Apparently the husband insisted that he have three separate hearing dates and therefore the second summons is due to come before me on the 15 January and the third on the 29 January.

2.It has been pointed out by the solicitor for the wife that the husband’s application on this occasion is misconceived in that he is not out of time – see Order 58, Rule 2(4)(c) of the Rules of the District Court, Cap 336H. I accept that to be the case. Consequently the husband’s summons shall be dismissed with costs to the wife on a party and party basis to be assessed on a summary assessment basis.