Read the full judgment text of CAMP 58/2025 on BabelCite. This Court of Appeal judgment was delivered on 16 September 2025 before Hon G Lam JA and Ng J.
Court of Appeal – Leave to appeal – Matrimonial proceedings – Matrimonial Proceedings and Property Ordinance s.23 – Repayment of maintenance overpaid after remarriage – Summary determination on affidavit – Cross-examination – Standard of proof – Payment forthwith – Dismissal of leave to appeal – The Court of Appeal dismissed the Respondent's renewed application for leave to appeal against the Judge's decision to uphold the Master's Order for repayment of maintenance overpaid after remarriage. The Court held that section 23 MPPO is intended for summary determination and the Judge's exercise of case management discretion in allowing affidavit evidence without cross-examination was not plainly wrong. The civil standard of balance of probabilities applied rather than the Order 14 summary judgment test. The order for payment forthwith was appropriate as the Respondent had sufficient time to arrange payment. Costs were summarily assessed at HK$55,000 payable forthwith.
Legal issues: Procedural appropriateness of summary determination · Standard of proof · Order for payment forthwith
Outcome: Leave to appeal dismissed; stay of execution dismissed.
Cites 4 cases