Read the full judgment text of CACV 10/2017 on BabelCite. This Court of Appeal judgment was delivered on 12 June 2017 before Hon Lam VP and Kwan JA.
Civil procedure – security for costs – appeal – divorce – jurisdiction – PRC law – asset division – countervailing factor – discretion – enforcement – ZJW v SY – Application for security for costs of appeal dismissed – Husband controls most family assets – Wife claims equal division under PRC law – Husband ordered to pay wife's costs of application assessed at $131,500 – Special circumstances found but countervailing factor established – Enforcement in Mainland possible but husband retains use of assets – Practice Direction 4.1 §36 applied – Matrimonial Causes Ordinance Cap 179 s.3 relevant to jurisdiction – Chung Kau v Hong Kong Housing Authority & Ors [2004] 2 HKLRD 650 principles followed
Legal issues: Application for security for costs of appeal
Outcome: Application for security for costs of appeal dismissed. Husband ordered to pay wife's costs of application.
Cites 3 cases