Read the full judgment text of FCMC 15639/2018 on BabelCite. This Family Court judgment was delivered on 14 January 2020 before 陳振國法官.
Civil law – Matrimonial proceedings – Costs order – Leave to appeal – Time limit – District Court Rules – Interim order – Discretionary costs – Liability versus quantum – Interests of justice – Application refused. The applicant sought leave to appeal a costs order made against him for non-compliance with a court order to answer a questionnaire in matrimonial proceedings. The court held that the application was made 22 days late, exceeding the 14-day time limit under Order 58 rule 2(4)(b) of the District Court Rules. The court found no reasonable prospect of success in overturning the discretionary costs order, as the applicant had refused to comply with the court order. The costs order related to liability, not quantum, and inability to pay was not a valid ground for appeal. There were no other reasons in the interests of justice to grant leave. Leave to appeal refused. Summons set aside. Husband to pay Wife's costs (assessed under Legal Aid Rules).
Legal issues: Time limit for appeal against interim order · Reasonable prospect of success on costs order · Liability versus quantum of costs · Interests of justice
Outcome: Leave to appeal refused. Summons set aside.
Cites 1 case