Read the full judgment text of HCMP 1743/2008 on BabelCite. This High Court CFI judgment was delivered on 16 January 2009 before Hon Cheung JA, Yuen JA.
Civil procedure – Leave to appeal – Consent order – Ancillary relief – Exceptional circumstances – Misrepresentation – Financial disclosure – Petitioner CML applied for leave to appeal out of time against District Court order regarding ancillary relief – Order sealed 15 August 2007, application made 22 May 2008 – Previous applications dismissed by Judge Kot and Yeung JA – Consent order is binding agreement requiring leave to appeal – Exceptional circumstances include erroneous consent, misrepresentation, or gross inequity – Petitioner alleged delay due to legal aid, misrepresentation regarding job loss and financial status, and lawyer dereliction – Court found petitioner legally represented, confirmed terms, no misrepresentation proven, no gross inequity – Application for leave to appeal dismissed
Legal issues: Leave to appeal out of time · Exceptional circumstances for rescission of consent order
Outcome: Application for leave to appeal dismissed
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