W v. W

W v. W

Although the petitioner’s credibility and conduct were criticised, those matters were ancillary to the central issue of consummation; therefore the discretion to deprive the successful petitioner of costs should not be exercised. Petitioner is awarded costs of the nullity petition and the cross-petition, to be...

Source-derived case information.

Citation
W v. W
Parties
Wife: W. (otherwise T); Husband: Husband
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
26 February 1969
Case Number
HCMC55/1968
Procedural Posture
Divorce — Nullity Petition and Cross Petition for Restitution of Conjugal Rights / Judgment Delivered; Costs Reserved and Determined on Reasons for Decision
Outcome
Decree of nullity granted to petitioner; cross-petition dismissed; petitioner awarded costs; costs to be taxed; allocation of medical inspectors' fees ordered.
Legal Topics
Nullity of Marriage, Restitution of Conjugal Rights, Costs, Expert Witnesses, Allocation of Fees
Source Language
en
Family Law Civil Procedure Legal Aid Nullity of Marriage Restitution of Conjugal Rights Costs Expert Witnesses Allocation of Fees

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Parties

W. (otherwise T)

Wife

Husband

Husband

Procedural Posture

Divorce — Nullity Petition and Cross Petition for Restitution of Conjugal Rights / Judgment Delivered; Costs Reserved and Determined on Reasons for Decision

Legal Issues

  1. 1 Whether the successful petitioner should be deprived of costs because of her conduct and credibility
  2. 2 Whether the petitioner should recover costs of the cross-petition
  3. 3 How fees of medical inspectors appointed by the Court should be allocated

Ratio Decidendi

Although the petitioner’s credibility and conduct were criticised, those matters were ancillary to the central issue of consummation; therefore the discretion to deprive the successful petitioner of costs should not be exercised. Petitioner is awarded costs of the nullity petition and the cross-petition, to be taxed; medical inspectors’ examination and report fees to be borne jointly and severally by the parties, attendance fees to be borne by the respondent, with the Taxing Master to determine amounts; respondent’s costs taxed under Legal Aid Regulations reg.15 and Legal Aid Ordinance s.19.

Court Disposition

Decree of nullity granted to petitioner; cross-petition dismissed; petitioner awarded costs; costs to be taxed; allocation of medical inspectors' fees ordered.

Orders

  • Decree of nullity granted to the petitioner.
  • Cross-petition for restitution of conjugal rights dismissed.