Read the full judgment text of HCMP 000440/2004 on BabelCite. This High Court CFI judgment was delivered on 2 April 2004 before Le Pichon JA, Sakhrani J.
Civil procedure – Maintenance order – Variation – Leave to appeal – Legal Aid – Financial hardship – Housing allowance. The Respondent sought leave to appeal a judgment of Deputy Judge S D'Almada Remedios dated 11 December 2003 which varied a maintenance order made on 31 October 2000. The Petitioner applied to vary the maintenance order citing reductions in pay, cessation of housing allowance, and large outstanding debts. The judge below acceded to the application, reducing maintenance payments. The Respondent argued the judge failed to consider material matters including the financing of the husband's acquisition of a 44% interest in a property, the impact of the variation on the wife's legal aid deduction period, and evidence of financial hardship suspension of deductions. The Court of Appeal held that these matters were material to the judge's exercise of discretion. Leave to appeal was granted conditionally upon the Respondent filing and serving an affidavit within 28 days limited to the total amount of legal costs, the amount outstanding, and evidence of suspension of monthly deductions.
Legal issues: Grant of leave to appeal maintenance variation
Outcome: Leave to appeal granted conditionally.