LLY v. LKY

LLY v. LKY

Leave to appeal out of time was refused because the short delay was explainable but the proposed appeal had no reasonable prospect of success: the trial judge's discretionary orders and factual findings were supported by the evidence and not demonstrably wrong. The Court therefore denied leave and made an order under O.59 r.2A(8) preventing an oral reconsideration inter partes.

Citation
LLY v. LKY
Parties
Petitioner (wife): LLY; Respondent (husband): Husband
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
22 June 2009
Case Number
HCMP970/2009
Procedural Posture
Ancillary Relief (divorce) Appeal / Application for Leave to Appeal Out of Time in the Court of Appeal
Outcome
Application for leave to appeal refused.
Legal Topics
Ancillary Relief, Periodical Maintenance, Sale of Matrimonial Property, Leave to Appeal Out of Time, Exercise of Judicial Discretion, Findings of Fact
Source Language
EN
Family Law Civil Procedure Property Law Appeals Ancillary Relief Periodical Maintenance Sale of Matrimonial Property Leave to Appeal Out of Time +2 more

Case Brief

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Parties

LLY

Petitioner (wife)

Husband

Respondent (husband)

Procedural Posture

Ancillary Relief (divorce) Appeal / Application for Leave to Appeal Out of Time in the Court of Appeal

Legal Issues

  1. 1 Whether leave to appeal out of time should be granted
  2. 2 Whether the trial judge was wrong to refuse periodical maintenance
  3. 3 Whether the trial judge properly exercised discretion in granting the wife an option to purchase the husband's share of the UK property

Ratio Decidendi

Leave to appeal out of time was refused because the short delay was explainable but the proposed appeal had no reasonable prospect of success: the trial judge's discretionary orders and factual findings were supported by the evidence and not demonstrably wrong. The Court therefore denied leave and made an order under O.59 r.2A(8) preventing an oral reconsideration inter partes.

Court Disposition

Application for leave to appeal refused.

Orders

  • Leave to appeal out of time refused.
  • Order under O.59 r.2A(8) that the husband may not request that this determination be reconsidered at an oral hearing inter partes.