HMSE v. JJS

HMSE v. JJS

Leave to appeal was refused because the mother had no reasonable prospect of success; her revival of a claim for a full mother’s allowance made discovery on her finances inevitable and the judge’s exercise of discretion to order costs against her for the adjournment was not plainly wrong or an error of law.

Citation
HMSE v. JJS
Parties
Applicant (mother): HMSE; Respondent (father): JJS
Court
Family Court
Jurisdiction
Hong Kong
Judgment Date
27 April 2017
Case Number
FCMP70/2008
Procedural Posture
Maintenance Proceedings (leave to Appeal on Costs) / Application for Leave to Appeal Against Interlocutory Costs Order
Outcome
Summons for leave to appeal dismissed
Legal Topics
Maintenance, Mother's Allowance, Discovery, Leave to Appeal, Costs Order
Source Language
EN
Family Law Civil Procedure Costs Maintenance Mother's Allowance Discovery Leave to Appeal Costs Order

Case Brief

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Parties

HMSE

Applicant (mother)

JJS

Respondent (father)

Procedural Posture

Maintenance Proceedings (leave to Appeal on Costs) / Application for Leave to Appeal Against Interlocutory Costs Order

Legal Issues

  1. 1 Whether leave to appeal should be granted against an interlocutory costs order
  2. 2 Whether the mother’s revival of a claim for full mother’s allowance made her financial disclosure relevant and justified reinstatement of discovery
  3. 3 Whether the exercise of judicial discretion on costs was plainly wrong or amounted to an error of law

Ratio Decidendi

Leave to appeal was refused because the mother had no reasonable prospect of success; her revival of a claim for a full mother’s allowance made discovery on her finances inevitable and the judge’s exercise of discretion to order costs against her for the adjournment was not plainly wrong or an error of law.

Court Disposition

Summons for leave to appeal dismissed

Orders

  • Costs to follow the event
  • Respondent entitled to costs of the summons, including the hearing on 27 April 2017, to be taxed if not agreed