Read the full judgment text of FCMC 8759/2010 on BabelCite. This Family Court judgment was delivered on 14 January 2016 before Deputy District Judge G. Own.
Matrimonial proceedings – District Court – Preliminary issues – Leave to file affirmations – Delay – Medical certificate – Costs – Application dismissed – Civil Justice Reform – Case management. The Petitioner and Respondent were involved in matrimonial proceedings concerning ancillary reliefs, including the division of property. The Respondent sought leave to file affirmations on two preliminary issues regarding the beneficial ownership of the former matrimonial home and a Tai Po property. The trial of the preliminary issue had commenced but was adjourned due to the Respondent's claimed medical leave, though the certificate provided was blank. The Respondent had previously been legally represented but switched to acting in person. The Court considered the Respondent's application for leave to file affirmations, noting that previous applications had been refused. The Court found the Respondent's explanation for the delay unsustainable as he was legally represented until 23 October 2015 and had ample time to file. The application was dismissed as a repeated exercise without change of circumstances. The Court also considered costs, finding that the normal rule should apply as the Respondent failed completely in his application. The Respondent was ordered to pay the Petitioner's costs, and the Petitioner's own costs were to be taxed in accordance with Legal Aid Regulations. A Certificate for Counsel was granted.
Legal issues: Leave to file affirmations on preliminary issues · Costs
Outcome: Respondent's Summons dismissed
Cited by 3 cases