Read the full judgment text of CAMP 58/2017 on BabelCite. This Court of Appeal judgment was delivered on 6 February 2018 before Hon Lam VP and Chu JA.
Civil procedure – divorce – domicile – forum non conveniens – leave to appeal – Matrimonial Causes Ordinance – Spiliada test – lis alibi pendens – intended appeal refused – costs awarded – Whether petitioner entitled to petition in Hong Kong as of right – Whether respondent established Indian court clearly or distinctly more appropriate – Whether Order 12 Rule 8 invoked – Domicile decision plainly correct – Heavy burden on respondent in as of right case – Indian proceedings not same cause of action – Leave refused – Costs fixed at $49,917
Legal issues: Domicile of petitioner · Forum non conveniens · Lis alibi pendens
Outcome: Leave to appeal refused. Summons dismissed.
Cites 1 case