陸 對 梁

陸 對 梁

The applicant failed to demonstrate any arguable error of law or a prima facie case of factual error: most complaints were factual challenges that were not supported by evidence or were not raised at trial (notably the housing/vacation of quarters claim), and the trial judge's assessment of assets, income and child...

Source-derived case information.

Citation
[2023] HKCA 306
Parties
Petitioner: 陸; Respondent: 梁
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
8 March 2023
Case Number
CAMP317/2022
Procedural Posture
Family Law Child Maintenance (leave to Appeal) / Leave to Appeal Application Decision (refused)
Outcome
leave to appeal refused
Legal Topics
Child Maintenance, Leave to Appeal, Appellate Standard of Review, Financial Disclosure (form E)
Source Language
ch
Family Law Civil Procedure Appeal Child Maintenance Leave to Appeal Appellate Standard of Review Financial Disclosure (form E)

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Parties

Petitioner

Respondent

Procedural Posture

Family Law Child Maintenance (leave to Appeal) / Leave to Appeal Application Decision (refused)

  1. 1 Whether leave to appeal should be granted against the regional court's maintenance order
  2. 2 Whether the trial judge erred in fact-finding regarding assets, income and the child's expenses
  3. 3 Whether the applicant's late claim that he must vacate departmental quarters after divorce amounts to fresh evidence warranting interference

Ratio Decidendi

The applicant failed to demonstrate any arguable error of law or a prima facie case of factual error: most complaints were factual challenges that were not supported by evidence or were not raised at trial (notably the housing/vacation of quarters claim), and the trial judge's assessment of assets, income and child needs was not shown to be plainly wrong; accordingly leave to appeal was refused.

Court Disposition

leave to appeal refused

Orders

  • Application for leave to appeal dismissed
  • Under High Court Rules (Cap.4A) Order 59 r2A(8) no party may request an oral hearing to reopen this decision