黃 對 林

黃 對 林

The application for leave to appeal and for a stay was dismissed because the appellant failed to demonstrate any error of law or any plainly wrong factual finding by the trial judge, failed to comply with court directions, did not show bias or unfairness that would warrant reopening the case or a stay, and there was...

Source-derived case information.

Citation
[2021] HKCA 443
Parties
Applicant: 黃 (applicant); Respondent: 林 (respondent)
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
29 March 2021
Case Number
CAMP106/2020
Procedural Posture
Family Law Matrimonial Property / Application for Permission to Appeal and Stay of Execution
Outcome
Application for permission to appeal and for stay of execution dismissed
Legal Topics
Divorce Financial Remedy, Beneficial Ownership and Trusts, Third Party / Deceased Interest, Procedural Fairness and Self Representation, Appeal Standard
Source Language
ch
Family Law Property Law Civil Procedure Divorce Financial Remedy Beneficial Ownership and Trusts Third Party / Deceased Interest Procedural Fairness and Self Representation Appeal Standard

Source-derived case record

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Parties

黃 (applicant)

Applicant

林 (respondent)

Respondent

Procedural Posture

Family Law Matrimonial Property / Application for Permission to Appeal and Stay of Execution

  1. 1 Whether the judge failed to apply s.7 Matrimonial Proceedings and Property Ordinance factors
  2. 2 Whether the judge was biased or failed to give fair procedure to a self-represented litigant
  3. 3 Whether the deceased third party's affidavit should have been admitted and whether proceedings should be stayed due to her death

Ratio Decidendi

The application for leave to appeal and for a stay was dismissed because the appellant failed to demonstrate any error of law or any plainly wrong factual finding by the trial judge, failed to comply with court directions, did not show bias or unfairness that would warrant reopening the case or a stay, and there was no material basis to accept the asserted third‑party beneficial ownership after consideration of the evidence.

Court Disposition

Application for permission to appeal and for stay of execution dismissed

Orders

  • Leave to appeal refused
  • Application for stay of execution refused