Read the full judgment text of FCMC 5954/2012 on BabelCite. This Family Court judgment before Deputy District Judge D. Cheung.
Civil procedure – Leave to appeal – Out of time – Ancillary relief – Power of Attorney – Mental capacity – Fresh evidence – Ladd v Marshall – Costs – Wife sought leave to appeal out of time against decision granting Husband leave to apply for ancillary relief – Grounds included irrational decision, attorneys' authority, and absence of material info – Court found no reasonable prospect of success on appeal grounds – Fresh evidence admitted regarding Husband's mental capacity under Ladd v Marshall conditions – Delay of 5 months not excused due to Wife's avoidance behavior – Costs awarded to Husband – Application for leave to appeal denied.
Legal issues: Prospect of success of intended appeal · Admission of fresh evidence · Discretion to grant leave out of time · Costs order
Outcome: Application for leave to appeal denied.
Cites 3 cases