Chai v Peng

Chai v Peng

The delay caused by adjournment is not excessive and is outweighed by the prejudice to the applicant if her lead counsel cannot present her case; therefore, the adjournment is granted.

Parties
Applicant: Chai; Respondent: Peng
Jurisdiction
England and Wales
Judgment Date
12 June 2015
Procedural Posture
Family Law Appeal / Application for Adjournment of Appeal Hearing
Outcome
Application for adjournment granted; application to vary maintenance not heard and adjourned to High Court.
Legal Topics
Adjournment, Jurisdiction, Costs, Divorce Proceedings
Family Law Civil Procedure Adjournment Jurisdiction Costs Divorce Proceedings

Case Brief

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Parties

Chai

Applicant

Peng

Respondent

Procedural Posture

Family Law Appeal / Application for Adjournment of Appeal Hearing

Legal Issues

  1. 1 Whether the appeal hearing should be adjourned due to applicant's counsel's illness
  2. 2 Whether the delay prejudices either party disproportionately
  3. 3 Whether the use of maintenance payments for foreign legal costs is an abuse of court order

Ratio Decidendi

The delay caused by adjournment is not excessive and is outweighed by the prejudice to the applicant if her lead counsel cannot present her case; therefore, the adjournment is granted.

Court Disposition

Application for adjournment granted; application to vary maintenance not heard and adjourned to High Court.

Orders

  • July fixture vacated and relisted for week of 19 October.
  • Application to vary maintenance adjourned to be heard at High Court level.