張 對 黃

張 對 黃

Leave to appeal was refused because the appellant failed to put forward any arguable defence or evidential material that would give the appeal a real prospect of success, the District Court judge's factual findings and exercise of discretion contained no reviewable error, and there were no other compelling reasons...

Source-derived case information.

Citation
[2024] HKCA 242
Parties
Applicant: 張; Respondent: 黃
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
13 March 2024
Case Number
CAMP510/2022
Procedural Posture
Leave to Appeal Application Against District Court Order Granting Conditional Divorce / Permission Stage in Court of Appeal (high Court)
Outcome
application for leave to appeal dismissed
Legal Topics
Divorce, Leave to Appeal, Default Defence, Exercise of Judicial Discretion, Costs, Oral Hearing Bar
Source Language
ch
Family Law Civil Procedure Appeal Law Divorce Leave to Appeal Default Defence Exercise of Judicial Discretion Costs +1 more

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Parties

Applicant

Respondent

Procedural Posture

Leave to Appeal Application Against District Court Order Granting Conditional Divorce / Permission Stage in Court of Appeal (high Court)

  1. 1 Whether to grant leave to appeal against the District Court judge's order granting a provisional divorce despite no defence filed by husband
  2. 2 Whether the appellant's grounds disclose a reasonable prospect of success
  3. 3 Whether the judge below committed a reviewable error in fact-finding or in exercising discretion

Ratio Decidendi

Leave to appeal was refused because the appellant failed to put forward any arguable defence or evidential material that would give the appeal a real prospect of success, the District Court judge's factual findings and exercise of discretion contained no reviewable error, and there were no other compelling reasons to grant permission; accordingly the application was dismissed and further applications for an oral hearing were barred under the cited rule.

Court Disposition

application for leave to appeal dismissed

Orders

  • Application for leave to appeal dismissed
  • By Order 59 Rule 2A(8) no party may apply under Order 59 Rule 2A(7) for an oral hearing to reconsider this decision