Read the full judgment text of FCMC 4115/2015 on BabelCite. This Family Court judgment was delivered on 21 September 2022 before Her Honour Judge Thelma Kwan.
Forum non conveniens – Stay of proceedings – Spousal maintenance – Juridical advantage – Enforceability of consent order – Clean break principle – District Court – Parties married in Australia, divorced 2016, Consent Order for maintenance, Respondent seeks stay claiming Queensland forum – Whether Hong Kong is natural forum (No), Whether Queensland clearly more appropriate (No), Whether Petitioner deprived of advantage (Yes) – Stay dismissed, costs to Petitioner
Legal issues: Forum non conveniens - Natural or appropriate forum · Forum non conveniens - Clearly and distinctly more appropriate forum · Forum non conveniens - Deprivation of legitimate personal or juridical advantage
Outcome: Respondent's Summons dismissed; Leave granted to restore Maintenance Summonses; Costs to Petitioner
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