NPYJ v. SMRC

NPYJ v. SMRC

The summons for transcript/audio was dismissed because Order 68 RHC does not apply where no oral sworn evidence was given in the 4 May 2021 interlocutory hearing, the transcript was not shown to be necessary or relevant to advance the husband's case at trial, and the application constituted an abuse of process in...

Source-derived case information.

Citation
[2023] HKFC 102
Parties
Petitioner (wife): NPYJ; Respondent (husband): SMRC
Court
Family Court
Jurisdiction
Hong Kong
Judgment Date
1 June 2023
Case Number
FCMC9098/2018
Procedural Posture
Matrimonial Causes — Ancillary Relief and Children’s Summonses / Paper Disposal of Summons for Transcript/audio of Urgent Hearing
Outcome
Summons dismissed.
Legal Topics
Access to Court Transcript, Order 68 Rules of the High Court Cap 4 a, Abuse of Process, Interlocutory Urgent Removal of Children, Credibility and Relevance of Hearing Record, Costs
Source Language
en
Family Law Civil Procedure Evidence Law Court Records/access to Transcripts Access to Court Transcript Order 68 Rules of the High Court Cap 4 a Abuse of Process Interlocutory Urgent Removal of Children +2 more

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Parties

NPYJ

Petitioner (wife)

SMRC

Respondent (husband)

Procedural Posture

Matrimonial Causes — Ancillary Relief and Children’s Summonses / Paper Disposal of Summons for Transcript/audio of Urgent Hearing

Legal Issues

  1. 1 Whether the applicant is entitled to transcript or audio recording of the 4 May 2021 urgent hearing
  2. 2 Whether Order 68 RHC applies where no oral sworn evidence was given
  3. 3 Whether the application is an abuse of process given prior rejection

Ratio Decidendi

The summons for transcript/audio was dismissed because Order 68 RHC does not apply where no oral sworn evidence was given in the 4 May 2021 interlocutory hearing, the transcript was not shown to be necessary or relevant to advance the husband's case at trial, and the application constituted an abuse of process in light of an earlier refusal; additionally the court will not consider unfiled documents. Costs: no order as to costs (nisi to become absolute in 14 days).

Court Disposition

Summons dismissed.

Orders

  • Summons for transcript/audio of 4 May 2021 hearing dismissed
  • No order as to costs (including costs reserved); nisi order to become absolute 14 days after decision