丘 對 張

丘 對 張

Applicant failed to show a reasonable prospect of success or special reasons to depart from the usual approach that MPS orders are interim and assessed broadly; disputed issues of income, assets and alleged nondisclosure properly await ancillary relief; therefore leave to appeal and a stay were refused and costs...

Source-derived case information.

Citation
[2022] HKFC 43
Parties
Applicant: 丘先生; Respondent: 張女士
Court
Family Court
Jurisdiction
Hong Kong
Judgment Date
28 February 2022
Case Number
FCMC316/2018
Procedural Posture
Family Law Maintenance Pending Suit / Application for Leave to Appeal and Application to Stay Execution
Outcome
application for leave to appeal refused; application to stay execution of maintenance order dismissed; costs to respondent
Legal Topics
Maintenance Pending Suit, Leave to Appeal, Interim Relief, Disclosure/non‑disclosure, Procedural Economy
Source Language
ch
Family Law Civil Procedure Appeal Law Maintenance Pending Suit Leave to Appeal Interim Relief Disclosure/non‑disclosure Procedural Economy

Source-derived case record

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Parties

丘先生

Applicant

張女士

Respondent

Procedural Posture

Family Law Maintenance Pending Suit / Application for Leave to Appeal and Application to Stay Execution

  1. 1 Whether leave to appeal against an order for maintenance pending suit should be granted under the statutory threshold
  2. 2 Whether a stay of execution of the maintenance order should be granted
  3. 3 Whether the trial judge erred in relying on the respondent's 2018 financial statement as a basis for interim maintenance

Ratio Decidendi

Applicant failed to show a reasonable prospect of success or special reasons to depart from the usual approach that MPS orders are interim and assessed broadly; disputed issues of income, assets and alleged nondisclosure properly await ancillary relief; therefore leave to appeal and a stay were refused and costs awarded to respondent.

Court Disposition

application for leave to appeal refused; application to stay execution of maintenance order dismissed; costs to respondent

Orders

  • Applicant's application for leave to appeal is dismissed.
  • Applicant's application to stay execution of the maintenance pending suit order is dismissed.