丘 對 李

丘 對 李

Leave to appeal refused because the contested amounts were properly treated as family assets on the findings of non-disclosure; the 30 Nov 2015 interim order did not preclude treating the mortgage proceeds or loans as income/assets; the liquidation documents were not admitted as fresh evidence because they were...

Source-derived case information.

Citation
[2020] HKCA 182
Parties
Petitioner: 丘; Respondent: 李
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
25 March 2020
Case Number
CAMP219/2019
Procedural Posture
Application for Leave to Appeal Against Ancillary Relief Order / Court of Appeal Determination on Permission to Appeal and Application to Adduce New Evidence
Outcome
application dismissed; leave to appeal refused
Legal Topics
Ancillary Relief, Financial Disclosure, Marital Asset Division, Leave to Appeal, Admission of Fresh Evidence, Costs
Source Language
ch
Family Law Civil Procedure Appeal Evidence Ancillary Relief Financial Disclosure Marital Asset Division Leave to Appeal +2 more

Source-derived case record

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Parties

Petitioner

Respondent

Procedural Posture

Application for Leave to Appeal Against Ancillary Relief Order / Court of Appeal Determination on Permission to Appeal and Application to Adduce New Evidence

  1. 1 Whether specified sums (HK$11,525,831; HK$2,400,000; HK$3,496,666) should be included in the matrimonial/family assets
  2. 2 Whether a prior interim order (30 Nov 2015) excluded certain loans from being treated as the husband's assets
  3. 3 Whether late-produced liquidation documents are admissible as fresh evidence on appeal

Ratio Decidendi

Leave to appeal refused because the contested amounts were properly treated as family assets on the findings of non-disclosure; the 30 Nov 2015 interim order did not preclude treating the mortgage proceeds or loans as income/assets; the liquidation documents were not admitted as fresh evidence because they were available earlier and were not produced at trial; the additional expenditure claim was not raised at trial; the application lacked reasonable prospects of success.

Court Disposition

application dismissed; leave to appeal refused

Orders

  • Application dismissed
  • Applicant (husband) ordered to pay respondent's (wife's) costs of this application