Read the full judgment text of FCMC 16318/2017 on BabelCite. This Family Court judgment was delivered on 15 June 2022 before Deputy District Court Judge 林美施.
Matrimonial proceedings – leave to appeal – out of time – District Court Ordinance s.63A – reasonable prospect of success – application refused – no costs order – Parties married in 2009 with one daughter – Petitioner filed divorce petition in December 2017 based on unreasonable conduct – Orders made in August 2019 regarding litigation guardian and dismissal of case to start new divorce based on separation – New divorce case filed, decree nisi granted in August 2020 – Respondent applied for leave to appeal out of time in April 2022 – Application far beyond statutory time limit without reasonable excuse – Court considered factors including length of delay, reason for delay, success opportunity, and unfairness to other party – Respondent's submissions were incoherent and irrelevant to the orders – Appeal lacked reasonable prospect of success and no other reason of justice required it – Court refused leave to appeal – No costs order made (pending order) – Petitioner did not submit submissions – Respondent acted in person – District Court Rules Cap 336H Ord 58 r.2 – SMSE v KL [2009] 4 HKLRD 125 – KNM v HTF HCMP 288/2011 – Tang Chai On v Tang Sing Ki [2016] 5 HKLRD 104
Legal issues: Application for leave to appeal out of time
Outcome: Application for leave to appeal refused.
Cited by 6 cases · Cites 2 cases