Read the full judgment text of FCMC 2867/2021 on BabelCite. This Family Court judgment was delivered on 8 January 2024 before 區域法院法官黃禮榮.
Family law – Marriage – Nullity – Leave to appeal – District Court Ordinance s.63A(2) – Evidence – Factual findings – Mainland marriage laws – Costs. The husband applied for leave to appeal a judgment that revoked his nullity petition and granted a decree nisi based on two years separation. The husband raised six grounds including the use of a photocopy of the marriage certificate, factual findings on registration, Mainland court documents, immigration records, Mainland lawyer's opinion, and applicability of Mainland de facto marriage laws. The court held that the husband had no reasonable chance of success on appeal as he failed to show errors in the trial judge's handling of evidence or facts. The application for leave to appeal was dismissed. The husband was ordered to pay the wife's costs of HK$800 on a summary basis.
Legal issues: Standard for leave to appeal · Ground 1: Marriage certificate evidence · Ground 2: Factual findings on marriage · Ground 3: Mainland Supreme Court document · Ground 4: Immigration records · Ground 5: Mainland lawyer's opinion · Ground 6: Mainland de facto marriage laws
Outcome: Application for leave to appeal dismissed.
Cited by 3 cases · Cites 4 cases