Read the full judgment text of FCMC 9579/2017 on BabelCite. This Family Court judgment was delivered on 16 January 2019 before Deputy District Judge Doris To.
Civil procedure – relief from sanction – peremptory order – non-compliance – District Court – O 2 r 5 – administration of justice – costs – Form F – financial provision – s.17 application – undervaluation – sale of property holding company – application dismissed – costs order nisi – Petitioner YMKA – Respondent YSM – Deputy District Judge Doris To – The Petitioner applied for relief from sanction for non-compliance with a peremptory order to file Form Fs by 28 September 2018. The Petitioner filed the first Form F on time but the second Form F 11 days late on 9 October 2018. The Court considered factors under O 2 r 5 (1) including the interests of the administration of justice and whether the failure was intentional. The Court found the default was not intentional but the explanation was poor and the attitude loose. The Court held that the administration of justice requires a full explanation which was not provided. The Court also considered whether refusing relief was disproportionate. The Respondent had sufficient assets to cover the Petitioner's claim without setting aside the sale of the property holding company. The Court dismissed the application for relief from sanction and made a costs order nisi against the Petitioner.
Legal issues: Relief from sanction for late filing · Disproportionate refusal of relief
Outcome: Application for relief from sanction dismissed.
Cited by 2 cases · Cites 4 cases