ESBY v. LCH

ESBY v. LCH

Leave to appeal was refused because the proposed appeal lacked a reasonable prospect of success: the undertaking was unambiguous in ordinary meaning and did not preclude counting the father's access expenses in total child expenses; the judge's calculation and apportionment were within the generous ambit of discretion and not plainly wrong, and there was no error of law or principle warranting appellate intervention.

Citation
ESBY v. LCH
Parties
Petitioner (mother): ESBY
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
1 August 2013
Case Number
HCMP1420/2013
Procedural Posture
Variation of Child Maintenance (ancillary Relief) / Application for Leave to Appeal to Court of Appeal (renewed)
Outcome
Application for leave to appeal dismissed; leave refused
Legal Topics
Child Maintenance, Undertaking Interpretation, Variation of Maintenance, Leave to Appeal, Judicial Discretion Review
Source Language
EN
Family Law Civil Procedure Appeal Procedure Child Maintenance Undertaking Interpretation Variation of Maintenance Leave to Appeal Judicial Discretion Review

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Parties

ESBY

Petitioner (mother)

Procedural Posture

Variation of Child Maintenance (ancillary Relief) / Application for Leave to Appeal to Court of Appeal (renewed)

Legal Issues

  1. 1 Whether the father's undertaking not to seek reimbursement precluded counting his access expenses in total child expenses
  2. 2 Whether the judge misinterpreted the undertaking or the evidence
  3. 3 Whether the judge's apportionment and factual findings were plainly wrong

Ratio Decidendi

Leave to appeal was refused because the proposed appeal lacked a reasonable prospect of success: the undertaking was unambiguous in ordinary meaning and did not preclude counting the father's access expenses in total child expenses; the judge's calculation and apportionment were within the generous ambit of discretion and not plainly wrong, and there was no error of law or principle warranting appellate intervention.

Court Disposition

Application for leave to appeal dismissed; leave refused

Orders

  • Application for leave to appeal dismissed
  • No party may request reconsideration at an oral hearing pursuant to Order 59 rule 2A(8)