Read the full judgment text of FCMC 14350/2009 on BabelCite. This Family Court judgment was delivered on 19 April 2011 before Her Honour Judge Sharon D. Melloy.
Matrimonial Causes – Decree Absolute – Set Aside – Jurisdiction – Administrative Mistake – Ancillary Relief – Undertakings – District Court – Family Court – The Petitioner wife applied to set aside a Decree Absolute erroneously granted by the Divorce Registry following an incorrect ex parte application by the Respondent husband. The primary issue was whether the District Court had jurisdiction to set aside the Decree Absolute or if the matter should be referred to the Court of Appeal. The Court held that where a Decree Absolute is granted due to an administrative mistake rather than deliberate misleading, the District Court retains jurisdiction to set it aside, distinguishing cases involving deliberate deception. The Court relied on Zinkin v Wong [2000] 1 HKC 642 and found the procedural irregularity fatal to the validity of the Decree Absolute. The Court further held that setting aside the Decree Absolute does not unravel existing ancillary relief orders or undertakings given by the parties. Application granted; Decree Absolute set aside; costs awarded to the wife.
Legal issues: Jurisdiction to set aside Decree Absolute · Effect on Ancillary Relief Undertakings
Outcome: Application granted; Decree Absolute set aside
Cites 4 cases