Read the full judgment text of HCMC 000007/1976 on BabelCite. This High Court CFI judgment was delivered on 18 November 1977 before O'Connor, J..
Family law – divorce – matrimonial home – wife's common law right to remain in the matrimonial home – sources of right being right to consortium and husband's duty to maintain – interlocutory injunction to restrain husband from granting lease of second property – whether Sai Kung house constitutes second matrimonial home or extension of matrimonial home – whether wife had common law right to reside in particular part of husband's assets – National Provincial Bank Ltd v Hastings Car Mart followed – ex parte application – whether ex parte interim order was appropriate in absence of urgent necessity – duty to inform other side's solicitors – Ansah v Ansah followed – delay in seeking injunction – significance of delay in light of June 1977 letter and absence of reply – starting point that right to consortium is right to live with other spouse, not in any particular place – right to maintenance does not entitle wife to any particular part of husband's assets – subject to what wife reasonably requires and to adequate alternative provision – wife's infrequent use of Sai Kung house since December 1975 – penthouse accommodation adequate for her reasonable needs – while two premises could rarely constitute matrimonial home, this is not such a case – no genuine desire to use Sai Kung house – wife's right to consortium unaffected by leasing Sai Kung house as husband lives in penthouse – summons for interlocutory injunction dismissed – petitioner to pay 1st respondent's costs – respondent affidavit to be released for reswearing – certified fit for two counsel – ex parte application should not have been made as no urgent necessity and husband's solicitors could and should have been contacted.
Legal issues: Scope of wife's common law right to remain in the matrimonial home where husband seeks to lease a second property · Whether two premises can together constitute the matrimonial home · Whether the ex parte application for an interim order was appropriate
Outcome: Application for an interlocutory injunction restraining the husband from disposing of the Sai Kung house dismissed.