胡 對 蔣

胡 對 蔣

Applicant's grounds do not demonstrate a reasonable prospect of success on appeal and there are no other reasons in the interests of justice to hear the appeal; the trial judge's factual findings on health, finances, timing for vacatur and sale and consideration of the son's exams were adequately reasoned and not...

Source-derived case information.

Citation
胡 對 蔣
Parties
Applicant: 胡; Respondent: 蔣
Court
Family Court
Jurisdiction
Hong Kong
Judgment Date
26 May 2017
Case Number
FCMC14129/2005
Procedural Posture
Matrimonial/family Law / Application for Leave to Appeal (permission to Appeal Hearing)
Outcome
Application for leave to appeal dismissed
Legal Topics
Sale of Former Matrimonial Home, Vacant Possession, Leave to Appeal, Consent Orders Enforcement, Financial Relief, Health and Disability, Child's Examinations
Source Language
ch
Family Law Property Law Civil Procedure Appeals Sale of Former Matrimonial Home Vacant Possession Leave to Appeal Consent Orders Enforcement +3 more

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Parties

Applicant

Respondent

Procedural Posture

Matrimonial/family Law / Application for Leave to Appeal (permission to Appeal Hearing)

  1. 1 Whether leave to appeal should be granted under Cap.336 s63A
  2. 2 Whether the trial judge erred in factual findings about applicant's health
  3. 3 Whether the applicant's financial hardship prevents compliance with vacate and sale orders

Ratio Decidendi

Applicant's grounds do not demonstrate a reasonable prospect of success on appeal and there are no other reasons in the interests of justice to hear the appeal; the trial judge's factual findings on health, finances, timing for vacatur and sale and consideration of the son's exams were adequately reasoned and not shown to be plainly wrong, therefore leave to appeal is refused.

Court Disposition

Application for leave to appeal dismissed

Orders

  • Leave to appeal refused
  • No order as to costs (temporary costs order will become absolute if no costs application is made within 14 days)