Read the full judgment text of FCMC 7451/2016 on BabelCite. This Family Court judgment was delivered on 8 April 2019 before His Honour Judge I Wong.
Security for costs – children proceedings – relocation – issue estoppel – hopeless application – exceptional circumstances – application dismissed – costs in the cause – Whether security for costs should be ordered in a children relocation case where the applicant is resident out of jurisdiction – No; security for costs is not ordered unless exceptional circumstances exist – Whether the mother's relocation application is so hopeless that pursuing it constitutes reprehensible litigation conduct warranting security for costs – No; the application is not entirely hopeless – Whether the findings in the 2016 Relocation Judgment bind the parties in the current application – No; the doctrine of issue estoppel is not strictly applicable to family proceedings – Application for security for costs dismissed – Costs of this application in the cause of the relocation application
Legal issues: Security for costs in children proceedings · Whether application is hopeless or reprehensible · Issue estoppel in family proceedings
Outcome: Application for security for costs dismissed.
Cited by 1 case · Cites 9 cases