雷 對 徐

雷 對 徐

The application for leave to appeal was refused because the proposed grounds merely repeated matters already considered at trial, did not demonstrate a reasonable prospect of success, fresh evidence criteria were not met, and the trial judge's factual findings and the order directing sale proceeds to be held for...

Source-derived case information.

Citation
[2022] HKFC 159
Parties
Applicant: 雷; Respondent: 徐
Court
Family Court
Jurisdiction
Hong Kong
Judgment Date
12 August 2022
Case Number
FCMC1420/2019
Procedural Posture
婚姻訴訟 / 申請上訴許可 (leave to Appeal Application)
Outcome
Application for leave to appeal dismissed; leave to appeal refused
Legal Topics
Leave to Appeal, Assessment of Child Maintenance, Admission of Fresh Evidence, Standard of Review on Facts, Costs
Source Language
ch
Family Law Child Support Maintenance Civil Procedure Appeals Leave to Appeal Assessment of Child Maintenance Admission of Fresh Evidence +2 more

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Parties

Applicant

Respondent

Procedural Posture

婚姻訴訟 / 申請上訴許可 (leave to Appeal Application)

  1. 1 Whether to grant permission to appeal under the Regional Court Ordinance (s63(1) / s63A(2))
  2. 2 Whether the proposed appeal has a reasonable prospect of success
  3. 3 Whether factual findings should be disturbed absent being plainly wrong

Ratio Decidendi

The application for leave to appeal was refused because the proposed grounds merely repeated matters already considered at trial, did not demonstrate a reasonable prospect of success, fresh evidence criteria were not met, and the trial judge's factual findings and the order directing sale proceeds to be held for periodic child maintenance were neither plainly wrong nor unfair; accordingly leave to appeal was denied and costs awarded to the respondent.

Court Disposition

Application for leave to appeal dismissed; leave to appeal refused

Orders

  • Application for leave to appeal dismissed
  • Applicant to pay respondent's costs of the application assessed summarily at HK$20,000