Read the full judgment text of CACV 541/2020 on BabelCite. This Court of Appeal judgment was delivered on 22 October 2021 before Hon Kwan VP, Barma JA and Au JA.
Divorce – Jurisdiction – Habitual residence – Decree nisi – Res judicata – Submission to jurisdiction – Appeal dismissed. The Court of Appeal dismissed the wife's appeal against the Family Court's decision to dismiss her divorce petition for lack of jurisdiction. The court held that it had jurisdiction to entertain a challenge to jurisdiction even after a decree nisi was pronounced, as jurisdiction is a fundamental issue that cannot be conferred by consent or estoppel. The court further held that res judicata and issue estoppel did not apply to statutory jurisdiction issues in divorce proceedings, and the husband's conduct did not amount to submission to jurisdiction. Regarding the findings of fact on habitual residence, the court found no palpable error in the judge's assessment of the parties' physical presence and settlement in Hong Kong.
Legal issues: Jurisdiction to entertain challenge to jurisdiction · Res judicata and issue estoppel · Submission to jurisdiction · Habitual residence findings
Outcome: Appeal dismissed.
Cites 1 case