Read the full judgment text of CAMP 138/2022 on BabelCite. This Court of Appeal judgment was delivered on 10 January 2023 before Hon Kwan VP and Cheung JA.
Family law – leave to appeal – out of time – Domestic and Cohabitation Relationships Violence Ordinance, Cap 189 – injunction – welfare of a minor – extension of time refused – appeal dismissed – costs awarded. The Petitioner husband and Respondent wife were involved in family proceedings regarding custody and access. The Respondent wife was convicted of assault against the child. The husband sought a non-molestation order. The District Court granted injunctions. The wife applied for leave to appeal which was refused. She then applied for leave to appeal out of time. The Court of Appeal considered whether to extend time and the merits of the appeal. The court found the delay substantial and ignorance of the Rules not justifiable. The court found the appeal had no real prospect of success as the judge's decision was well founded. The court dismissed the application. The husband was awarded costs.
Legal issues: Extension of time for leave to appeal · Prospect of success of intended appeal · Costs of the application
Outcome: Application for leave to appeal dismissed.
Cited by 1 case