Read the full judgment text of FCJA 6615/2019 on BabelCite. This FCJA judgment was delivered on 31 July 2024 before His Honour Judge I Wong.
Divorce – Decree Nisi – Rescission – Fraud – Jurisdiction – Matrimonial Causes Ordinance – Joint Application – False Representation – Voidable Decree – Secretary for Justice – Whether court has jurisdiction to rescind decree nisi without express provision – Yes, inherent jurisdiction exists – Whether decree nisi should be rescinded – Yes, due to fraud and false representations – Void vs Voidable status – Voidable, but proceedings cannot be saved by amendment – Rescission hearing fixed for 25 October 2024. Costs deferred. Referral to Secretary for Justice.
Legal issues: Jurisdiction to rescind decree nisi · Whether decree nisi should be rescinded · Void versus voidable status of decree
Outcome: Rescission of decree nisi fixed to be heard on 25 October 2024. Costs deferred. Referral to Secretary for Justice.
Cited by 1 case · Cites 2 cases