Doreen Do Ye Tong v. Wesley Wai Hei Wan and Others

HCMP 783/2010

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO. 783 OF 2010

(ON AN INTENDED APPEAL FROM FCMC NO. 5857 OF 2006)

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Before: Hon Le Pichon JA in Chambers

Date of Written submissions by the Petitioner and the 2^nd to 5^th Respondents:  26 April 2010

Date of Written submissions by the 1^st Respondent: 10 May 2010

Date of Decision: 31 May 2010

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D E C I S I O N

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1.This is the wife’s application for leave to appeal an order of Deputy District Court Judge T. Chan of 7 January 2010 (as varied on 12 April 2010).

2.The matter before the judge was the expedited hearing of the wife’s application pursuant to an order of 12 November 2008 of the Court of Appeal in CACV 247/2008 for the determination, by the Family Court, of the ownership and/or beneficial interests in a residential property that had been the matrimonial home of the parties.  The judge ruled on the last day of the three-day trial that the Family Court had no jurisdiction to determine the application.  The judge also declined in any event to make findings and decide the merits when all the viva voce evidence had been heard in case she were wrong on jurisdiction.

3.Suffice it to say that I consider that the circumstances warrant the granting of leave to appeal and it would neither be desirable nor appropriate to go further into those matters at this stage.  Accordingly, leave to appeal is granted.  I also order that costs (here and below) of the leave application be reserved.

Written submissions by Mr Russell Coleman SC and Mr Anthony Chan, instructed by Messrs Clifford Chance, for the Petitioner and the 2^nd, 3^rd, 4^th & 5^th Respondents/Applicants

Written submissions by Mr Robin Egerton, instructed by Messrs Hastings & Co., for the 1^st Respondent/Respondent