Read the full judgment text of FCMC 3290/2002 on BabelCite. This Family Court judgment was delivered on 14 January 2015 before 區域法院暫委法官黃禮榮.
Matrimonial proceedings – Ancillary relief – Leave to apply – Delay – Unjustifiable delay – Injustice to respondent – Reasonable prospects of success – Petitioner applied for leave 11 years after divorce order made absolute – Petitioner claimed mental health issues and pressure – Court considered Chaterjee v Chaterjee and Marsden v Marsden principles – Court found delay not unjustifiable due to adjustment disorder – Court found no injustice to respondent – Court found petitioner had reasonable prospects of success – Leave granted – Amendment to Form 8 allowed – First appointment hearing set – Costs reserved
Legal issues: Leave to apply for ancillary relief after delay · Reason for omission from petition · Unjustifiable delay · Injustice to Respondent · Reasonable prospects of success
Outcome: Leave granted to apply for ancillary relief; amendment to Form 8 allowed; first appointment hearing set.
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