Read the full judgment text of FCMC 6897/2003 on BabelCite. This Family Court judgment was delivered on 8 March 2019 before His Honour Judge G. Own.
Matrimonial Proceedings and Property Ordinance – Extension of Time – Option to Purchase – Ancillary Relief – District Court – Costs – Matrimonial Causes – Implementation of Judgment – Dismissal of Summons – Prejudice – Delay. The Petitioner and Respondent were parties to matrimonial proceedings where the marriage was dissolved in 2009 following a 10-day trial. The Ancillary Reliefs Judgment dated 19 February 2009 ordered the sale of a jointly owned property in Guildford, UK, with an option for the Petitioner to purchase the Respondent's interest within two months of the Decree Absolute for GBP 235,610. If the option was not exercised, the property was to be sold on the open market and proceeds shared equally. The Decree Absolute was made absolute on 26 March 2009, and the option expired on 26 May 2009. The Respondent filed a Summons in 2015 seeking implementation, and the Petitioner filed a Summons in 2017 seeking directions and an extension of time to exercise the option. The trial was adjourned multiple times due to the Respondent's absence and claims of illness. The Court considered whether the option to purchase could be extended after the stipulated period had expired. The Court held that the option became extinct immediately upon expiry of the stipulated period and could not be extended or revived. The Petitioner failed to provide a clear statement of reasons for the substantial delay of over eight years. The Court found that the Respondent would be prejudiced if the extension was granted due to the deprivation of money values and exchange rate differences. The Petitioner's Summons was dismissed as the option was no longer extant. The Respondent's Summons was also dismissed for non-attendance. The Court made a costs order nisi with no costs order against any party, as neither party could be said to be the winner in these protracted proceedings. The proceedings were unnecessarily prolonged with prejudice created and justice impaired. Parties are encouraged to co-operate and consider the practical way forward to implement the Ancillary Reliefs Judgment and bring this matter to a speedy ending. The only avenue open to the parties is by way of a sale in the open market as per paragraph 3 of the Ancillary Reliefs Judgment.
Legal issues: Extension of time to exercise option to purchase · Dismissal of Summons · Costs Order
Outcome: W's Summons dismissed; H's Summons dismissed; Option to purchase deemed extinct.