Read the full judgment text of FCMC 4683/2014 on BabelCite. This Family Court judgment was delivered on 10 September 2018 before Her Honour Judge Grace Chan.
Matrimonial Causes – District Court – Leave to appeal – Costs order – Costs discretion – Calderbank Offer – Satellite litigation – Litigation funding – Paper disposal – Reasonable prospect of success – This case concerns an application for leave to appeal a costs order made in divorce proceedings. The petitioner (wife) and 1st respondent (husband) have been engaged in contentious litigation concerning ancillary relief matters since 2014. A previous judgment determined the beneficial ownership of the former matrimonial home and carpark. The current decision concerns a costs order variation made on 29 June 2018, which varied the Costs Order Nisi to order no costs between husband and wife, and the wife to bear 80% of the father's costs. The 1st and 2nd respondents applied for leave to appeal this costs order. The court considered whether the intended appeal had a reasonable prospect of success under Section 63A(2) of the District Court Ordinance. The court held that costs discretion is highly discretionary and the Court of Appeal would be circumspect in intervening. The court found no reasonable prospect of success as the grounds of appeal repeated arguments already rejected in the Costs Decision. The husband failed to engage in minimum negotiation for settlement and failed to reply to the wife's Calderbank Offer. The wife is a housewife relying on litigation funding from the husband. The court noted that a substantial costs order against the wife might lead to satellite litigation. The court also noted the husband and father were represented by the same firm but separate counsel, incurring extra costs. The court refused leave to appeal. Costs of the application follow the event, meaning the husband and father must bear the wife's costs. The court directed solicitors to report on the Financial Dispute Resolution. – Leave to appeal refused. Costs of application follow the event.
Legal issues: Leave to appeal costs order · Costs of leave to appeal application
Outcome: Leave to appeal refused
Cited by 5 cases · Cites 6 cases