Wgl v. Asb

CAMP 27/2018

[2018] HKCA 203

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO. 27 OF 2018

(ON AN INTENDED APPEAL FROM HCMP NO. 489 OF 2013)

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Before :  Hon Cheung and Poon JJA in Court

Date of Applicant’s Written Submissions :  28 March 2018

Date of Decision :  11 April 2018

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D E C I S I O N

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Hon Cheung JA (giving Decision of the Court) :

1.We will deal with the Mother’s application for leave on paper. In doing so, we have expedited the matter as requested by the Mother because of her intention to apply for an adjournment of the trial as scheduled in early May 2018.

2.We will not grant leave to the Mother to appeal against the decision of Bebe Chu J dated 30 November 2017 (‘the Decision’) when she refused the Mother’s application for payment of HK$2.2 million for litigation funding.

3.Irrespective of the arguments on the proper approach to be adopted in litigation funding in respect of a child (as identified in paragraphs 10 to 25 of the Decision), the real point is that the Judge had found there was a lack of proper disclosure by the Mother of the whereabouts of the HK$13.7 million paid by the Father for the benefit of the child but transferred out by her from her bank account.

4.We are not satisfied that it is reasonably arguable that the Judge had erred in the exercise of her discretion based on, amongst other things, this finding.

5.Accordingly the Mother’s application is refused with costs to the Father.

6.As the Mother’s application is totally without merit, pursuant to Order 59 rule 2A(8), we will make an order that no party may request our determination to be reconsidered at an inter partes oral hearing.

Mr Jeremy S.K. Chan, instructed by Chaine Chow & Barbara Hung, for the applicant

Withers, for the respondent