Read the full judgment text of FCMC 3174/2004 on BabelCite. This Family Court judgment was delivered on 30 July 2013 before Deputy District Court Judge 陳玉芬.
Matrimonial proceedings – Ancillary relief – Appeal against permission – Discretion of court – New evidence – Costs – Husband and wife both dissatisfied with previous judgment ordering sale of matrimonial home and 2:8 distribution of proceeds – Husband appealed on grounds of error in distribution principle, failure to allocate Taiwan property, and alleged concealed assets – Wife appealed on grounds of error in assessing rent, contribution, adultery impact, maintenance, and alleged land purchase in China – Court applied District Court Ordinance s.63A(2) and Ladd v Marshall test for new evidence – Court found no real prospect of success for either appeal – Court found no error in exercise of discretion under Matrimonial Proceedings and Property Ordinance s.7 – Court rejected new evidence as it failed Ladd v Marshall conditions – Costs order from previous judgment made absolute – No costs order for this application.
Legal issues: Husband's Leave to Appeal · Wife's Leave to Appeal · Admissibility of New Evidence · Review of Discretion · Costs Order
Outcome: Both parties' applications for leave to appeal dismissed. Costs order from 2013-04-09 made absolute. No costs order for this application.
Cited by 3 cases · Cites 1 case