Read the full judgment text of CACV 000098/2010 on BabelCite. This Court of Appeal judgment was delivered on 2 June 2010 before Hartmann JA, Stone J and Poon J.
Family law – divorce – setting aside decree absolute – fraud – substituted service – false statements regarding child and whereabouts – appeal allowed – costs awarded – LCM v LYY [2003] 2 HKLRD 690 applied. The appellant sought to set aside a decree absolute of divorce granted by the Family Court on the basis that the respondent had committed fraud by making false statements in the petition regarding the existence of a child and the appellant's whereabouts to avoid personal service. The Court held that the respondent's assertions were false and constituted a subterfuge, and allowed the appeal, setting aside both the decree absolute and the decree nisi. Liberty was given to restore the divorce petition for hearing. Costs were awarded to the appellant with taxation in accordance with the Legal Aid Regulations.
Legal issues: Whether decree absolute should be set aside on grounds of fraud
Outcome: Appeal allowed; decree absolute and decree nisi set aside.
Cited by 3 cases