Read the full judgment text of FCMC 10991/2020 on BabelCite. This Family Court judgment was delivered on 13 June 2023 before 廖玉玲.
Family law – Maintenance – Leave to appeal – Interim periodical payments – Reverse mortgage – New evidence – Ladd v Marshall principles – Costs. The Petitioner sought leave to appeal an order requiring him to pay monthly interim periodical payments of HK$15,000 to the Respondent. The court applied s.63A(2) District Court Ordinance, requiring a reasonable prospect of success. The Petitioner failed to identify any error in the original judgment. The court found the original judge had properly considered the nature of the reverse mortgage and the Petitioner's capacity to earn more than pension and reverse mortgage proceeds. The Petitioner's new arguments regarding stopping reverse mortgage and selling property were post-trial events and not admissible evidence under Ladd v Marshall principles. Leave to appeal refused. Costs awarded to Respondent, summarily assessed at HK$20,000.
Legal issues: Leave to appeal standard · Admissibility of new evidence
Outcome: Leave to appeal refused. Application dismissed.
Cited by 1 case · Cites 7 cases