Read the full judgment text of CAMP 308/2022 on BabelCite. This Court of Appeal judgment was delivered on 18 April 2023 before Hon Cheung and Yuen JJA.
Bankruptcy – Divorce – Ancillary Relief – Beneficial Ownership – Jurisdiction – Leave to Appeal – Costs – Wife adjudicated bankrupt during divorce proceedings – Claim for beneficial ownership of property vested in trustee-in-bankruptcy – Claim not personal to bankrupt – Family Court no jurisdiction over non-matrimonial asset – Fresh evidence not admissible under Ladd v Marshall test – Leave to appeal refused – Costs summarily assessed at $3,000 to Husband
Legal issues: Admissibility of fresh evidence on appeal · Jurisdiction and capacity of bankrupt in divorce proceedings · Costs of the appeal
Outcome: Leave to appeal refused; costs awarded to Husband.
Cites 2 cases