陳 對 鍾

陳 對 鍾

The Court refused permission to appeal because the applicant failed to demonstrate that the proposed appeal raised questions of great and general or public importance or any other exceptional reason under s.22 of the Court of Final Appeal Ordinance; the grounds advanced were misunderstandings or challenges to...

Source-derived case information.

Citation
[2023] HKCA 982
Parties
Applicant: 陳; Respondent: 鍾
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
16 August 2023
Case Number
CACV461/2022
Procedural Posture
Civil Appeal — Application for Leave to Appeal to the Court of Final Appeal / Application for Leave to Appeal to the Court of Final Appeal (s.22 C.f.a. Ordinance)
Outcome
application for leave to appeal to the Court of Final Appeal refused
Legal Topics
Leave to Appeal, Division of Matrimonial Assets, Pension Entitlements, Discretionary Relief, Public Importance
Source Language
ch
Family Law Civil Procedure Appellate Procedure Leave to Appeal Division of Matrimonial Assets Pension Entitlements Discretionary Relief Public Importance

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Parties

Applicant

Respondent

Procedural Posture

Civil Appeal — Application for Leave to Appeal to the Court of Final Appeal / Application for Leave to Appeal to the Court of Final Appeal (s.22 C.f.a. Ordinance)

  1. 1 Whether leave to appeal to the Court of Final Appeal should be granted under s.22 of the Court of Final Appeal Ordinance
  2. 2 Whether the respondent was entitled to a lump sum pension on retirement and whether the trial/appellate courts erred in their treatment of pension as matrimonial asset
  3. 3 Whether the court below failed to properly weigh long employment history against the duration of the marriage

Ratio Decidendi

The Court refused permission to appeal because the applicant failed to demonstrate that the proposed appeal raised questions of great and general or public importance or any other exceptional reason under s.22 of the Court of Final Appeal Ordinance; the grounds advanced were misunderstandings or challenges to discretionary factual findings and did not disclose arguable errors of law warranting consideration by the Court of Final Appeal.

Court Disposition

application for leave to appeal to the Court of Final Appeal refused

Orders

  • Application for permission to appeal to the Court of Final Appeal refused
  • The respondent's filed notice of motion (提出動議通知書) dismissed