Read the full judgment text of FCMC 13972/2014 on BabelCite. This Family Court judgment was delivered on 16 October 2019 before 區域法院暫委法官林美施.
Ancillary relief – Permission to apply out of time – Matrimonial Proceedings and Property Ordinance s.25 – Matrimonial Proceedings Rules r.68 – Reason for delay – Prejudice to Respondent – Reasonable prospect of success – Permission granted – Costs order – The Respondent applied for permission to apply for ancillary relief two years after the Absolute Decree was granted. The Court considered the four factors from Wong Lai Wing v Lee: reason for not applying earlier, reason for delay, prejudice to the Petitioner, and reasonable prospect of success. The Court found the Respondent had a reasonable explanation for not applying earlier as she trusted the Petitioner to continue supporting the family. The Court found the delay was not intentional and was justified. The Court found the Petitioner would not be prejudiced as he knew the property rights were not settled. The Court found the Respondent had a reasonable prospect of success. Permission was granted. The Petitioner was ordered to pay 1/4 of the Respondent's costs of this application.
Legal issues: Reason for not applying earlier · Reason for delay · Prejudice to Respondent · Reasonable prospect of success
Outcome: Permission granted for Respondent to apply for ancillary relief; Respondent to pay 1/4 of Petitioner's costs of this application.