蘇 對 林

蘇 對 林

Leave to appeal was refused because the applicant failed to show a reasonable prospect of success: his grounds merely repeated factual assertions without demonstrating the trial judge's factual findings were clearly wrong; one ground was not legally cognizable; and there were no other reasons in the interests of...

Source-derived case information.

Citation
蘇 對 林
Parties
Petitioner: 蘇; Respondent: 林
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
1 March 2017
Case Number
HCMP3541/2016
Procedural Posture
Family Law Ancillary Relief / Application for Leave to Appeal (refused)
Outcome
Leave to appeal refused; the applicant's 20 December 2016 summons struck out
Legal Topics
Ancillary Relief, Leave to Appeal, Division of Assets, Ownership of Domestic Property, Enforcement
Source Language
ch
Family Law Civil Procedure Property Law Ancillary Relief Leave to Appeal Division of Assets Ownership of Domestic Property Enforcement

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Summary, issues, holding and outcome

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Parties

蘇

Petitioner

林

Respondent

Procedural Posture

Family Law Ancillary Relief / Application for Leave to Appeal (refused)

Legal Issues

  1. 1 Whether the respondent was the beneficial/substantial owner of four properties
  2. 2 Whether the trial judge's factual findings were plainly wrong such that an appeal has a reasonable prospect of success
  3. 3 Whether leave to appeal should be granted under District Court Ordinance s63A and related rules

Ratio Decidendi

Leave to appeal was refused because the applicant failed to show a reasonable prospect of success: his grounds merely repeated factual assertions without demonstrating the trial judge's factual findings were clearly wrong; one ground was not legally cognizable; and there were no other reasons in the interests of justice to permit an appeal or oral hearing.

Court Disposition

Leave to appeal refused; the applicant's 20 December 2016 summons struck out

Orders

  • Leave to appeal refused
  • The 20 December 2016 summons is struck out