Read the full judgment text of CACV 495/2019 on BabelCite. This Court of Appeal judgment was delivered on 17 June 2020 before Hon Poon CJHC, Lam VP and B Chu J.
Family law – Ancillary relief – Consent order – Setting aside – Jurisdiction – Family Court – High Court – Stay of enforcement – Discretion – Costs – Appeal. The Court of Appeal dismissed the husband's appeals against the Family Court's Substantive Ruling. The Court held that the Family Court retained jurisdiction to enforce or implement the Ancillary Relief Order even after the commencement of a High Court action to set aside the order, and that the commencement of such action did not automatically stay enforcement. The Restraint on Disposal order regarding the Bali Property was characterized as a conditional stay rather than a freezing order, and the exercise of discretion was not erroneous. The appeal in CACV 496/2019 was struck out as it was brought without leave. Costs were awarded to the wife.
Legal issues: Competency of Appeal in CACV 496/2019 · Jurisdiction of Family Court after High Court Action to Set Aside Consent Order · Exercise of Discretion regarding Restraint on Disposal · Costs Order
Outcome: Appeals dismissed. CACV 496/2019 struck out and dismissed.
Cited by 6 cases · Cites 13 cases