Read the full judgment text of HCMP 1319/2015 on BabelCite. This High Court CFI judgment was delivered on 17 August 2015 before Hon Lam VP and Yuen JA.
Leave to appeal – Access order – Best interests of children – Judge impartiality – Cross-examination – Social Welfare Officer – District Court Ordinance – Order 59 Rule 2A(8) – Application without merit – Leave refused. The Petitioner sought leave to appeal against a variation of an access order in FCMC 1678 of 2013 where staying access was suspended due to living conditions. The Court considered whether the appeal had a reasonable prospect of success, whether new grounds could be raised, and whether the Judge was impartial. The Court found no reasonable prospect of success, no error in departing from Social Welfare Officer recommendations, and no bias. Leave to appeal was refused and the application was declared totally without merit. No order was made as to costs.
Legal issues: Leave to appeal standard · New grounds raised · Judge impartiality · Cross-examination refusal · Social Welfare Officer recommendations · Justice seen to be done
Outcome: Leave to appeal refused. Application totally without merit.
Cites 3 cases