Read the full judgment text of FAMV34/2014 on BabelCite. This Court of Final Appeal judgment was delivered on 10 February 2015 before Chief Justice Ma, Mr Justice Ribeiro PJ and Mr Justice Fok PJ.
Civil procedure – leave to appeal – referral to DPP – ancillary relief – forgery findings – legal professional privilege – crime/fraud exception – academic satellite litigation – Court of Final Appeal – application dismissed with costs – The trial judge in matrimonial ancillary relief proceedings found that the husband and his father had forged a document and referred the judgment to the DPP. The father sought leave to appeal the referral, arguing that the forgery finding was unsupported, that privileged communications were disclosed, and that he was not heard. The Court of Appeal dismissed the appeal, holding the referral was not appealable. The Court of Final Appeal dismissed the application for leave, assuming arguendo that review jurisdiction exists but finding the issue academic because the referral was already completed and could not be reversed, and orders had been made to protect the father's rights pending determination of the crime/fraud exception to legal professional privilege.
Legal issues: Reviewability of referral to DPP
Outcome: Application for leave to appeal dismissed with costs.
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