Read the full judgment text of HCA 850/2016 on BabelCite. This High Court CFI judgment was delivered on 16 March 2017 before Hon L Chan J.
Civil procedure – stay of proceedings – ancillary relief – Matrimonial Proceedings and Property Ordinance – debt recovery between spouses – Family Court jurisdiction – appeal dismissed – Plaintiff sued Defendant for debt recovery of HK$1,844,891 while divorce and ancillary relief proceedings pending in Family Court – Whether civil action should be stayed pending Family Court determination – Family Court ancillary relief powers do not extend to ordering discharge of contractual liabilities – Appeal dismissed, costs order made against Defendant.
Legal issues: Whether civil action for debt recovery should be stayed pending ancillary relief
Outcome: Appeal dismissed. Stay of proceedings refused.
Cites 3 cases