Read the full judgment text of FCMC 13504/2011 on BabelCite. This Family Court judgment was delivered on 5 June 2015 before 區域法院暫委法官黃禮榮.
Family law – Leave to appeal – Ancillary relief – Reasonable prospect of success – Marriage duration – Property usage – New evidence – Ladd v Marshall – District Court Ordinance s.63A(2) – Appeal dismissed – No costs. The court considered applications for leave to appeal against an ancillary relief order in a divorce case. The test for leave to appeal under section 63A(2) of the District Court Ordinance requires a reasonable prospect of success. The Petitioner appealed on grounds of marriage duration and property usage, while the Respondent appealed on multiple grounds including new evidence and asset division. The court found the Petitioner had deceived the Respondent regarding the marriage purpose and the property was primarily for business use. The Respondent failed to meet the Ladd v Marshall test for new evidence. Both appeals were dismissed with no costs order.
Legal issues: Standard for leave to appeal · Petitioner's appeal on marriage duration and property usage · Respondent's appeal on new evidence and asset division
Outcome: Leave to appeal applications dismissed for both parties.