Read the full judgment text of CACV 186/2016 on BabelCite. This Court of Appeal judgment was delivered on 4 May 2017 before Hon Lam VP, Cheung and Kwan JJA.
Civil Appeal – Consent order – Matrimonial home – Slip rule – Inherent jurisdiction – Rectification – Double counting – Appeal dismissed – Costs – Petitioner wife and Respondent husband reached financial settlement recorded in consent order sealed 30 April 2014 – Husband applied to amend consent order under slip rule and inherent jurisdiction alleging double counting of mortgage and OLL loan in Paragraphs J and K – Court held amendment not available as husband did not make out case of accidental omission or failure to manifest Court's intention – Paragraphs J and K did not suggest additional payment requirements – Appeal dismissed with costs to wife and certificate for two counsel
Legal issues: Scope of slip rule and inherent jurisdiction for consent orders · Construction of Paragraphs J and K of the consent order
Outcome: Appeal dismissed
Cited by 1 case · Cites 2 cases