朱 v. 劉

朱 v. 劉

Leave to appeal was refused because the Wife failed to demonstrate a reasonable prospect of success or any other reason in the interests of justice: the grounds amounted to re‑litigation of fact‑sensitive findings already addressed in the Decision, were inadequately particularised, the Judge properly considered the husband's disclosure and the PRC ruling, and primary findings and credibility determinations were not shown to be plainly wrong.

Citation
[2023] HKFC 32
Parties
Petitioner/intended Appellant: Wife; Respondent/intended Respondent: Husband
Court
Family Court
Jurisdiction
Hong Kong
Judgment Date
9 February 2023
Case Number
FCMC8529/2021
Procedural Posture
Family Law Divorce (jurisdiction/forum Non Conveniens) / Application for Leave to Appeal and Stay of Execution (paper Disposal)
Outcome
Wife's Inter‑Parte Summons for leave to appeal dismissed; application for stay of execution not entertained
Legal Topics
Substantial Connection, Jurisdiction, Forum Non Conveniens, Leave to Appeal, Stay of Execution, Financial Disclosure, MPS Summons
Source Language
EN
Family Law Private International Law Civil Procedure Substantial Connection Jurisdiction Forum Non Conveniens Leave to Appeal Stay of Execution +2 more

Case Brief

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Parties

Wife

Petitioner/intended Appellant

Husband

Respondent/intended Respondent

Procedural Posture

Family Law Divorce (jurisdiction/forum Non Conveniens) / Application for Leave to Appeal and Stay of Execution (paper Disposal)

Legal Issues

  1. 1 Whether the applicant has a reasonable prospect of success on appeal
  2. 2 Whether there was a substantial connection with Hong Kong at the date of the petition
  3. 3 Whether the trial judge erred in evaluating financial disclosure and credibility

Ratio Decidendi

Leave to appeal was refused because the Wife failed to demonstrate a reasonable prospect of success or any other reason in the interests of justice: the grounds amounted to re‑litigation of fact‑sensitive findings already addressed in the Decision, were inadequately particularised, the Judge properly considered the husband's disclosure and the PRC ruling, and primary findings and credibility determinations were not shown to be plainly wrong.

Court Disposition

Wife's Inter‑Parte Summons for leave to appeal dismissed; application for stay of execution not entertained

Orders

  • Summons dismissed with costs to the Husband, with certificate for Counsel, to be taxed if not agreed.