陳 對 鍾

陳 對 鍾

The Court granted leave to appeal limited to the single issue of whether one‑third of the respondent's retirement pension was correctly treated as family asset, and directed procedural steps: service of the notice of appeal within 14 days, filing and listing under High Court Rules Order 59 r5, and permitted the...

Source-derived case information.

Citation
[2022] HKCA 1733
Parties
Applicant (女方): 陳; Respondent (男方): 鍾
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
18 November 2022
Case Number
CAMP419/2022
Procedural Posture
Appeal Against District Court Ancillary Relief Decision (matrimonial) / Application for Leave to Appeal Granted; Directions for Filing and Listing Under High Court Rules Order 59 R5
Outcome
Permission to appeal granted on a single issue; procedural directions given
Legal Topics
Calculation of Retirement Pension as Matrimonial Asset, Leave to Appeal, Paper Disposal of Appeal
Source Language
ch
Family Law Appeal Procedure Property Division Pension Law Calculation of Retirement Pension as Matrimonial Asset Leave to Appeal Paper Disposal of Appeal

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Parties

陳

Applicant (女方)

鍾

Respondent (男方)

Procedural Posture

Appeal Against District Court Ancillary Relief Decision (matrimonial) / Application for Leave to Appeal Granted; Directions for Filing and Listing Under High Court Rules Order 59 R5

Legal Issues

  1. 1 Whether the district judge was correct to calculate one‑third of the respondent's retirement pension as part of the family assets for ancillary relief purposes

Ratio Decidendi

The Court granted leave to appeal limited to the single issue of whether one‑third of the respondent's retirement pension was correctly treated as family asset, and directed procedural steps: service of the notice of appeal within 14 days, filing and listing under High Court Rules Order 59 r5, and permitted the appeal to be disposed of on written submissions unless the parties notify disagreement within 14 days of service.

Court Disposition

Permission to appeal granted on a single issue; procedural directions given

Orders

  • Applicant to serve notice of appeal on respondent and file in court within 14 days of order
  • Appeal to be listed pursuant to High Court Rules Order 59 r5