吳 對 王

吳 對 王

One‑day late filing was excused because delay was minimal and caused no prejudice; permission to appeal was refused because applicant failed to demonstrate a reasonable prospect of success or other reasons warranting a hearing and did not show any plainly wrong factual findings; the provisional costs order was...

Source-derived case information.

Citation
[2023] HKFC 207
Parties
Applicant: 吳; Respondent: 王
Court
Family Court
Jurisdiction
Hong Kong
Judgment Date
11 October 2023
Case Number
FCMC14470/2017
Procedural Posture
婚姻訴訟 / Application for Permission to Appeal (out of Time) and Application to Vary Interim Costs Order
Outcome
Extension of time to file permission to appeal granted; permission to appeal refused; interim costs order varied; no separate costs order for the two summonses; provisional costs order to become absolute in 14 days if unopposed.
Legal Topics
Permission to Appeal, Interim Costs, Ancillary Relief, Maintenance, Finality Principle
Source Language
ch
Family Law Civil Procedure Costs Permission to Appeal Interim Costs Ancillary Relief Maintenance Finality Principle

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Parties

Applicant

Respondent

Procedural Posture

婚姻訴訟 / Application for Permission to Appeal (out of Time) and Application to Vary Interim Costs Order

  1. 1 whether to grant extension for one‑day late filing of permission to appeal application
  2. 2 whether the proposed appeal has a reasonable prospect of success or other reasons to justify a hearing
  3. 3 whether the trial judge made plainly wrong factual findings

Ratio Decidendi

One‑day late filing was excused because delay was minimal and caused no prejudice; permission to appeal was refused because applicant failed to demonstrate a reasonable prospect of success or other reasons warranting a hearing and did not show any plainly wrong factual findings; the provisional costs order was varied so respondent may recover party‑and‑party costs only for the trial days after respondent's open offer (trial days 2–4) and, absent agreement, those costs are to be assessed by the court; no separate costs order is made for the two summonses and the provisional costs order will become absolute in 14 days if unopposed.

Court Disposition

Extension of time to file permission to appeal granted; permission to appeal refused; interim costs order varied; no separate costs order for the two summonses; provisional costs order to become absolute in 14 days if unopposed.

Orders

  • Extension of time granted for filing permission to appeal (one day late)
  • Application for permission to appeal refused