Read the full judgment text of CACV 000291/2003 on BabelCite. This Court of Appeal judgment was delivered on 24 December 2003 before Hon Cheung JA and Yeung JA.
Civil Appeal – Maintenance Pending Suit – Procedural Irregularity – Costs – Matrimonial Proceedings and Property Ordinance Cap. 192 – Court of Appeal – Petitioner sought divorce and ancillary relief – Judge Geiser dismissed summonses for particulars but varied maintenance pending suit order sua sponte – Appeal against variation – Court held procedural irregularity as issue not properly before judge – Order set aside with liberty to re-apply – Costs order on appeal: no order made – Appeal allowed to extent indicated.
Legal issues: Procedural irregularity in varying maintenance pending suit · Costs order on appeal
Outcome: Appeal allowed to the extent indicated. Order requiring husband to pay maintenance pending suit set aside with liberty to wife to re-apply. No order as to costs on appeal.
Cited by 1 case