Read the full judgment text of FCMC 3297/2022 on BabelCite. This Family Court judgment was delivered on 4 August 2023 before Deputy District Judge J. Chow.
Matrimonial causes – Leave to appeal – Transfer of proceedings – District Court Ordinance s.63A(2) – Reasonable prospect of success – Ancillary relief – Reflective loss – Costs – The husband applied for leave to appeal against the decision dismissing his application to transfer the matrimonial proceeding to the Court of First Instance. The court held that the husband had no reasonable prospect of success as the judge did not hold that the court could ignore the allegation of misappropriation of funds from HTSP, and the rights of HTSP were irrelevant to the matrimonial pot. The rules against reflective loss did not preclude the claim, and company law considerations did not depend on HTSP commencing proceedings. Leave to appeal refused. Costs order nisi made against the husband.
Legal issues: Leave to Appeal Standard · Misappropriation Allegation · Reflective Loss Rule · Company Law Considerations
Outcome: Leave to appeal refused; summons dismissed.
Cited by 1 case · Cites 1 case