Read the full judgment text of CAMP 46/2021 on BabelCite. This Court of Appeal judgment was delivered on 25 November 2021 before Hon G Lam JA, B Chu J.
Civil procedure – Leave to appeal – Stay of execution – Fresh evidence – Matrimonial proceedings – Ancillary relief – Practice Direction 4.1 – Ladd v Marshall – Matrimonial Proceedings and Property Ordinance (Cap 192) – Asset division – The Court of Appeal granted leave to appeal in matrimonial ancillary relief proceedings. The husband’s application for an unless order was refused, though amendments to the Notice of Appeal were required. The wife’s application for fresh evidence was refused as it failed the Ladd v Marshall conditions. A stay of execution was granted only for paragraph 3 of the Judge’s order regarding contingent tax payment; other parts were dismissed. Costs orders were made.
Legal issues: Leave to appeal · Unless order for Notice of Appeal · Fresh evidence application · Stay of execution
Outcome: Leave to appeal granted; fresh evidence application refused; stay of execution granted for paragraph 3 only; unless order refused with amendments required.
Cited by 3 cases · Cites 4 cases