Read the full judgment text of FCMC 5376/2015 on BabelCite. This Family Court judgment was delivered on 6 December 2019 before HH Judge C.K. Chan.
Matrimonial Causes – Leave to Appeal – District Court Ordinance s. 63A(2) – Reasonable prospect of success – Delay in judgment – Maintenance Pending Suit – Ancillary Relief – Garnishee proceedings – Full and frank disclosure – Capitalized maintenance – Costs. The Petitioner sought leave to appeal against an order dated 31 October 2019 regarding the release of funds frozen under Garnishee Orders Nisi. The Court considered five grounds of appeal including delay in judgment, interpretation of Maintenance Pending Suit terms, capitalization of maintenance, disclosure obligations, and procedural requirements for Garnishee proceedings. The Court found no reasonable prospect of success on any ground as the delay did not render the judgment unreliable, the Maintenance Pending Suit order terms were fulfilled by the Ancillary Relief settlement, the maintenance was explicitly capitalized to avoid tax, the Petitioner failed to disclose the capitalized maintenance agreement in ex-parte applications, and the discussion on Garnishee grounds served the necessary purpose. Leave to appeal refused. Costs to follow event.
Legal issues: Delay in the Handing Down of Judgment · Reliance on the MPS Order instead of the AR Order · No Capitalization of Maintenance · Has the Wife made Full and Frank Disclosures · Should I consider whether the Wife should have issued Garnishee proceedings
Outcome: Leave to appeal refused; summons dismissed
Cited by 2 cases