Read the full judgment text of FCMC 2161/2015 on BabelCite. This Family Court judgment before 彭家光.
Civil procedure – District Court – Leave to appeal – Joining third parties – Prima facie case – Trial delay – Costs – Stay of execution – Petitioner's application refused – Costs awarded to Respondent. The Petitioner (Female) sought leave to appeal a judgment dated 3 August 2020 which dismissed her application to join third parties, Ms Wong and RTDL. The Petitioner argued the judge erred in requiring evidence of a prima facie case at this stage and wrongly considered trial delay as a factor against her. The Court held that the legal principle applied was correct, focusing on whether there was a true claim and an appropriate issue to be tried. The Court analyzed the evidence submitted without making factual findings on disputed issues. The Court found no evidence supported the two issues raised by the Petitioner, concluding there was no reasonable chance of success on appeal. Regarding trial delay, the Court noted dates had been delayed repeatedly and arrangements should be made as soon as possible, which was a proper consideration. The Court refused leave to appeal as there were no reasonable grounds or reasons for justice. The Court also refused the stay of execution as the Petitioner could not meet the conditions. The Court ordered the Petitioner to pay the Respondent's costs of the application, reserved until 14 days after judgment.
Legal issues: Requirement of prima facie case for joining third parties · Consideration of trial delay
Outcome: Leave to appeal refused; Stay of execution refused; Costs awarded to Respondent.
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