Read the full judgment text of FCMC 2662/2021 on BabelCite. This Family Court judgment was delivered on 3 October 2025 before Her Honour Judge Thelma Kwan.
Matrimonial proceedings – Leave to appeal against dismissal of transfer application to High Court – District Court case management decision – Section 63A(2) District Court Ordinance test for reasonable prospect of success – Ground 1: Court provided sufficient explanation for not accepting basis for transfer as High Court proceedings stayed pending ancillary relief – Ground 2: Court did not attribute responsibility for delay to Petitioner despite W's argument – Ground 3: Milestone trial date immoveable save in exceptional circumstances not identified by Petitioner – Ground 4 & 5: Apparent bias allegation new point with no legal basis for transfer – Ground 6 & 7: Family Court expertise relevant and AK v MYNT not binding on discretion – Leave to appeal dismissed as no real prospect of success – Costs to 1st Respondent – Costs Order nisi to be made absolute 14 days
Legal issues: Leave to Appeal Test · Ground 1: Explanation for transfer basis · Ground 2: Responsibility for delays · Ground 3: Milestone trial date · Ground 4 & 5: Apparent bias · Ground 6 & 7: Complexity of case
Outcome: Leave to appeal application dismissed.
Cites 6 cases