Read the full judgment text of CACV 89/2008 on BabelCite. This Court of Appeal judgment was delivered on 17 June 2009 before Hon Le Pichon, Cheung JJA and Sakhrani J.
Recognition of overseas divorce – Public policy – Matrimonial Causes Ordinance – Ancillary relief – Jurisdiction – Shenzhen divorce – Hong Kong divorce – Concurrent proceedings – Common intention – Unconscionable conduct – Whether Hong Kong court should recognize Shenzhen divorce despite impact on ancillary relief jurisdiction – Majority allowed appeal, recognized Shenzhen divorce, stayed HK ancillary relief, rescinded decree nisi – Dissent held recognition contrary to public policy due to husband's tactical conduct
Legal issues: Recognition of overseas divorce – Public policy exception
Outcome: Appeal allowed (Majority). Recognition of Shenzhen divorce granted. Ancillary relief proceedings stayed. Decree nisi rescinded.
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