Read the full judgment text of HCMC 3/2012 on BabelCite. This High Court CFI judgment was delivered on 27 November 2012 before Hon Poon J.
Divorce – Decree absolute – Discretion – Special or exceptional circumstances – Financial prejudice – Abuse of process – H (Respondent) applied to make decree nisi absolute under s.17(2) of the Matrimonial Causes Ordinance – W (Petitioner) opposed claiming financial prejudice and loss of immunity in Cambodia – Court held W failed to establish special or exceptional circumstances – Undertakings in Consent Order were cross-undertakings – Preservation Orders protected W's interest – Risk of criminal complaint in Cambodia remote – H's previous application for decree absolute by wrong procedure did not amount to abuse of process – H's application allowed – Decree absolute granted – W to pay H's costs
Legal issues: Exercise of discretion to grant decree absolute · Abuse of process · Financial prejudice as special circumstance
Outcome: H's application for decree absolute allowed. Decree absolute granted.
Cited by 1 case