Read the full judgment text of HCMP 155/2018 on BabelCite. This High Court CFI judgment was delivered on 16 November 2018 before Wilson Chan J.
Civil procedure – abuse of process – partition – co-ownership – Family Court – ancillary relief – strike out – Whether the Partition Application is an abuse of process given ongoing Family Court proceedings – No; the application is not an abuse of process as the right to apply for partition stems from the Partition Ordinance and is independent of marriage – Striking Out Application dismissed; Costs to applicant; Directions for further conduct of Partition Application.
Legal issues: Whether the Partition Application is an abuse of process
Outcome: Striking Out Application dismissed.
Cites 1 case