Read the full judgment text of HCMP 2114/2010 on BabelCite. This High Court CFI judgment was delivered on 7 May 2012 before Deputy High Court Judge Au-Yeung.
Civil procedure – striking out – sham transaction – dishonesty – particulars – Matrimonial Proceedings and Property Ordinance – s.17 MPPO – disposition – costs – High Court – Miscellaneous Proceedings – Plaintiff applied to strike out defence alleging sham transaction to defeat matrimonial claims – Court held pleading not scandalous or frivolous as sufficient particulars existed – s.17(3) presumption not available in High Court but positive case could be pleaded – Application dismissed – Costs awarded to 2nd Defendant
Legal issues: Striking out of pleading · Applicability of s.17 MPPO presumption · Delay in striking out application
Outcome: Application for striking out dismissed
Cites 2 cases