Read the full judgment text of FCMC 7498/2018 on BabelCite. This Family Court judgment was delivered on 9 July 2021 before His Honour Judge I Wong.
District Court – Matrimonial Causes – Leave to Appeal – Jurisdiction – Substantial Connection – District Court Ordinance (Cap 336) s.63A(2) – Test for leave to appeal – Reasonable prospect of success – Interests of justice – Exceptional circumstances – Economic and social presence – Physical presence – Greater Bay Area – Remote control of companies – Appellate guidance needed – Husband applied for leave to appeal jurisdiction judgment dated 27 May 2021 – Judge held Family Court had jurisdiction because respondent had substantial connection with Hong Kong – Husband argued he did not have significant physical presence but had sufficient economic and social presence – Judge found husband's situation was exceptional – Argument regarding exceptional circumstances not advanced in substantive hearing but has merits – Case marginal – Lack of appellate authorities on remote control and economic presence – Guidance from appellate level beneficial – Leave granted on grounds set out in Notice of Appeal – Stay of proceedings ordered pending determination of appeal – Costs order nisi that costs of application be in the cause of the appeal
Legal issues: Leave to appeal - reasonable prospect of success · Leave to appeal - interests of justice
Outcome: Leave to appeal granted; stay of proceedings ordered.
Cited by 1 case · Cites 3 cases