Read the full judgment text of CACV 80/2013 on BabelCite. This Court of Appeal judgment was delivered on 13 March 2014 before Hon Yuen, Barma JJA and McWalters J.
Civil procedure – Hadkinson order – Security for costs – Leave to appeal – Stay of execution – Maintenance Pending Suit – Matrimonial Proceedings and Property Ordinance – Part IIA – Discovery Order – Arrears – The Applicant (Wife) and 1st Respondent (Husband) were involved in divorce and financial relief proceedings. The Husband failed to comply with an Interim Order for periodical payments, creating arrears of $3,396,000. The court granted a Hadkinson order against the Husband, barring him from hearing his appeal until payment. The Mother failed to comply with a Discovery Order, but the Hadkinson application against her was adjourned for first instance determination. The Wife's application for security for costs was dismissed due to delay. Leave to appeal the Stay Ruling was refused as there were no reasonable prospects of success. Orders were made regarding costs and the dismissal of the Husband's appeal if arrears are not paid.
Legal issues: Hadkinson order against Husband · Hadkinson order against Mother · Security for costs · Leave to appeal Stay Ruling
Outcome: Hadkinson order against Husband granted; Hadkinson order against Mother adjourned; Security for costs application dismissed; Leave to appeal Stay Ruling refused.
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