Read the full judgment text of CAMP 14/2024 on BabelCite. This Court of Appeal judgment was delivered on 19 July 2024 before 區慶祥, 陳健強.
Civil procedure – Leave to appeal – Marriage validity – Fact finding – Costs – High Court Rules – Application dismissed – Costs awarded – Parties married in Fujian, China in 1978. Separated since 2007. Wife applied for divorce, Husband applied for nullity. Original judge dismissed nullity, granted divorce. Husband applied for leave to appeal, refused. Husband applied for leave to appeal the refusal. Court held that appellant had no reasonable prospect of success on appeal regarding the finding that the marriage was validly registered, the claim that he never completed marriage registration in HK, and the claim that the marriage certificate was obtained illegally. Fact finding is for the trial judge; no error shown. Husband to pay Wife costs of HK$1,000.
Legal issues: Whether the appellant has a reasonable prospect of success on appeal regarding the finding that the marriage was validly registered · Whether the appellant has a reasonable prospect of success regarding the claim that he never completed marriage registration in HK · Whether the appellant has a reasonable prospect of success regarding the claim that the marriage certificate was obtained illegally
Outcome: Application for leave to appeal dismissed
Cited by 1 case · Cites 5 cases