Read the full judgment text of CACV 159/2016 on BabelCite. This Court of Appeal judgment was delivered on 6 February 2017 before Hon Cheung and Yuen JJA.
Contempt of court – committal order – payment out of money in court – bail pending appeal – matrimonial proceedings – maintenance pending suit – costs provisions – Petitioner (Wife) and Respondent (Husband) married with two children under 7 years of age – Wife obtained MPS and costs provisions orders against Husband in 2015 – Husband defaulted on payments leading to committal order for contempt in July 2016 – Husband appealed committal order and paid sum into court to secure release pending appeal – Wife seeks payment out of sum to satisfy MPS and costs orders – Whether money paid into court to secure release pending appeal against committal order can be paid out to applicant before appeal heard – No – Sum of money is security offered to court as bail pending appeal – Contempt proceedings involve court's role in administration of justice – Wife not entitled to appropriate sum at this stage – Summons dismissed – No order as to costs (order nisi)
Legal issues: Payment out of bail pending appeal
Outcome: Summons dismissed
Cites 3 cases