Read the full judgment text of HCMP 288/2011 on BabelCite. This High Court CFI judgment was delivered on 7 September 2011 before Hon Hartmann JA, Joseph Fok JA.
Civil procedure – Leave to appeal – Extension of time – Ancillary financial relief – Findings of fact – Real prospect of success – Costs. The petitioner applied for leave to appeal a District Court judgment regarding ancillary financial relief in divorce proceedings. The application was made 15 days out of time without explanation. The court held that the delay was inexcusable and the threshold for leave was raised to a real prospect of success. The proposed grounds of appeal challenged findings of fact regarding conduct, property ownership, and assets. The court found no real prospect of success as the grounds did not show the judge misunderstood evidence or overlooked indisputable evidence. Application dismissed. Costs order nisi against applicant.
Legal issues: Extension of time for appeal · Real prospect of success on grounds of appeal
Outcome: Application for leave to appeal dismissed.
Cited by 226 cases