Read the full judgment text of FCMC 12016/2010 on BabelCite. This Family Court judgment was delivered on 31 July 2012 before H H Judge Chu.
Matrimonial Causes – Divorce – Decree Absolute – Leave to Appeal – Out of Time – Substituted Service – Non-disclosure – District Court – High Court Ordinance – Rules of the High Court – Petition for divorce based on unreasonable behaviour issued 14 September 2010. Substituted service granted. Petitioner failed to disclose Respondent's Mainland mobile number, address, and QQ account in first affirmation. Contact occurred on Mainland number. Divorce granted without Respondent's knowledge. Respondent found out at Immigration Office. Whether Petitioner took all obvious steps to serve. No; material non-disclosure. Whether Respondent entitled to leave to appeal out of time. Yes; granted conditionally. Appeal has reasonable prospect of success. Respondent denied allegations, explained delay. Leave to appeal out of time granted. Orders: Respondent to lodge notice of appeal within 7 days; Costs in appeal; Parties own costs taxed under Legal Aid regulations.
Legal issues: Non-disclosure in substituted service application · Leave to appeal out of time against Decree Absolute
Outcome: Leave to appeal out of time granted
Cited by 2 cases · Cites 1 case