Read the full judgment text of HCA 1194/2015 on BabelCite. This High Court CFI judgment was delivered on 9 January 2017 before Deputy High Court Judge Kent Yee.
Striking out – frivolous or vexatious – abuse of process – matrimonial proceedings – bigamy – nullity – ancillary relief – PRC marriage law – O.18 r.19 – Plaintiff sought to set aside divorce judgment alleging Defendant was already married in PRC in 1979. Defendant applied to strike out Statement of Claim. Court held claim not plainly unsustainable despite Certificate falsity. Further investigation possible. Ancillary relief available if marriage void but conduct considered. Summons dismissed. Costs order nisi against Defendant. Direction to amend Statement of Claim.
Legal issues: Standard for striking out pleadings under O.18 r.19 · Reliability of PRC Certificate evidence · Availability of ancillary relief in nullity proceedings
Outcome: Summons dismissed; Strike out application refused.
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