Read the full judgment text of HCA 192/2009 on BabelCite. This High Court CFI judgment was delivered on 29 May 2015 before HH Judge Bruno Chan.
Leave to appeal – Ancillary relief – District Court – Reasonable prospect of success – Disclosure of assets – Income assessment – Quasi-inquisitorial role – No order as to costs – The Petitioner Husband sought leave to appeal against a judgment on ancillary relief made by HH Judge Bruno Chan on 17 July 2014. The judgment ordered the Husband to pay maintenance to the Wife and transfer his interest in the former matrimonial home in Shenzhen. The Husband applied for leave to appeal on five grounds: failure to disclose interests in Fumin and Lung Kong properties, insufficient means to own properties, Wife's interest in aquarium business, account of RMB500,000 lump sum, and application of equal sharing principle. The court applied the test under s.63A(2) of the District Court Ordinance (Cap. 336) requiring a reasonable prospect of success. The court found the Husband failed to make full and frank disclosure of his interests in the properties, drawing adverse inferences. The court exercised its quasi-inquisitorial role to examine audited reports of the Husband's business, finding he had higher income than disclosed. The court relied on website information to find the Wife had no interest in an aquarium business. The court accepted the Wife's account of the RMB500,000 expenditure. The court held there was no reasonable prospect of success on any ground. Leave to appeal was refused. No order as to costs was made.
Legal issues: Disclosure of Fumin and Lung Kong Properties · Husband's Income from Business · Wife's Interest in Aquarium Business · Wife's Account of RMB500,000 · Section 7 Exercise on Distribution of Assets
Outcome: Leave to appeal refused.
Cited by 29 cases · Cites 3 cases