Read the full judgment text of HCMP 276/2012 on BabelCite. This High Court CFI judgment was delivered on 11 May 2012 before Hon Poon J.
Family law – Consent order – Ancillary relief – Procedure – Setting aside – Matrimonial Proceedings and Property Ordinance – High Court – District Court – Applicant sought to set aside consent order made in divorce proceedings due to mistake regarding financial position – Court held proper procedure to set aside consent order for ancillary relief in Hong Kong is limited to fresh action or appeal – Summons in existing proceedings not permissible unless specific conditions met – Applicant issued originating summons in High Court instead of summons in Matrimonial Proceedings – Proceedings dismissed with no order as to costs
Legal issues: Procedure to set aside consent order for ancillary relief
Outcome: Dismiss present proceedings with no order as to costs.
Cited by 1 case