Read the full judgment text of FCMC 809/2004 on BabelCite. This Family Court judgment was delivered on 20 November 2014 before Her Honour Judge Sharon D. Melloy.
Matrimonial Causes – Child Maintenance – Variation Application – Strike Out – Abuse of Process – District Court – W v F – Petitioner wife sought to strike out Respondent husband’s notice of application to vary maintenance on basis of frivolous, vexatious or abuse of process – Background involved 10 years litigation following 8-year marriage with 3 children – 2006 Consent Order set maintenance at $82,500 per month – 2011 variation reduced to $40,000 – Court of Appeal 2012 restored 2006 order and dismissed variation – Court of Final Appeal dismissed leave to appeal December 2012 – Husband applied to vary again June 2014 citing financial difficulties and asset decrease – Court held husband bound by Court of Appeal and Court of Final Appeal findings – No significant change of circumstance found as husband still held assets over $50 million and retirement choice consequences remained – Application struck out as abuse of process and re-litigation – Husband ordered to pay wife’s costs on party and party basis.
Legal issues: Abuse of process and strike out application · Significant change of circumstance
Outcome: Application to strike out granted; Husband’s notice of application to vary struck out.
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