Read the full judgment text of FCMC 14571/2010 on BabelCite. This Family Court judgment before H.H. Judge K.W. Wong.
Family law – Consent order – Setting aside – Jurisdiction – Appeal – Fresh action – Fraud – Non-disclosure – Matrimonial Proceedings and Property Ordinance (MPPO), Cap 192 – Lui Sik Kuen v Lee Suk Ling [1992] 2 HKLR 371 – de Lasala v de Lasala [1980] AC 546 – Whether same court has jurisdiction to set aside consent order – No; only appeal or fresh action available – Whether appeal or fresh action appropriate for factual disputes – Fresh action preferred – Leave to withdraw setting aside summons granted – Leave to appeal summons dismissed – Costs against Wife
Legal issues: Jurisdiction to set aside consent order in same proceedings · Appropriate route for setting aside consent order
Outcome: Leave granted to withdraw setting aside summons; Leave to appeal summons dismissed.
Cited by 1 case