Read the full judgment text of HCMP 000003/2010 on BabelCite. This High Court CFI judgment was delivered on 17 June 2010 before Hon Yeung JA and Poon J.
Family law – Ancillary relief – Leave to appeal – Property distribution – Custody and access – Costs – Best interests of the child – Applicant PYS sought leave to appeal against ancillary relief orders made in divorce proceedings between her and Respondent CDY – Orders included property sale proceeds distribution, custody and care and control of son A, non-molestation injunction, and costs orders – Applicant claimed fraud and conspiracy regarding property sale and solicitor conduct – Court of Appeal held that property sale was in accordance with court orders and wife's change of mind was not valid reason to annul sale – Custody order made with wife's consent and court must consider best interests of child – Distribution of assets was reasonable and wife's complaint of conspiracy unfounded – Non-molestation injunction was harsh but made on evidence of wife's conduct and had expired – Costs order was within judge's discretion due to wife's unreasonable conduct – Access Suspension Order suspended wife's access due to refusal to engage in therapeutic counseling for psychiatric condition – Court held order was in interest of A and wife refused psychiatric assessment – Application for leave to appeal refused as no reasonable prospect of success and substantial delay – Costs order nisi made against wife for applications to be taxed if not agreed.
Legal issues: Leave to appeal against ancillary relief orders · Leave to appeal against Access Suspension Order
Outcome: Application for leave to appeal against Orders 1 to 5 and the Access Suspension Order refused.
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