Read the full judgment text of HCMP 001534/2007 on BabelCite. This High Court CFI judgment was delivered on 26 October 2007 before Hon. Yeung JA, Hon. Yuen JA.
Divorce proceedings – Ancillary relief – Leave to appeal – Deed of Separation – Jurisdiction – Rectification of name – Court of Appeal. The Court of Appeal considered an intended appeal from Deputy District Judge Levy’s orders regarding ancillary relief in divorce proceedings between LMYM and LSW. The parties had signed a Deed of Separation in 2002 requiring a lump sum payment of HK$830,000 by 31 August 2005 or cessation of employment. Mr Lau was still employed by HSBC and had not made the payment. The Deputy District Judge ordered payment upon the husband leaving his employer. The Court found the intended appeal without merit as the judge exercised discretion correctly based on evidence that Mr Lau would only be able to pay upon leaving HSBC. Ms Loke alleged Mr Lau was unwilling to sign the Deed but there was no evidence. The Court noted the decree nisi was valid and appeal out of time had been dismissed previously in HCMP 1085/2006. The Court also dismissed a summons seeking rectification of a name typo in the court record as unnecessary because the name on the record was accurate and the letter was not a court order. Other applications regarding mortgage loans and admissions were dismissed as outside the appellate court's jurisdiction. Leave to appeal was refused and costs orders were made nisi. The Court emphasized its appellate jurisdiction and the finality of the decree nisi. The 20 October 2007 summons was dismissed as completely unnecessary. Paragraphs 1, 2, 3, 5, 7, 4, 6, 9, and 10 of the August 2007 summons were dismissed. No order was made on paragraphs 8 and 11. The property value was about $2.6 million and the sum owing to the mortgagee was about $350,000. Ms Loke had transferred $1.2 million from the joint account. The Deed provided for monthly payments of $12,100 until the lump sum was paid.
Legal issues: Leave to appeal ancillary relief · Rectification of name · Jurisdiction over other applications
Outcome: Leave to appeal refused; summons dismissed
Cites 2 cases