CHENG CHUNG SHAN v. LI SIU MAN

CHENG CHUNG SHAN v. LI SIU MAN

The Court of Appeal granted conditional leave to appeal because there were arguable grounds that the judge below failed to consider material matters — notably the financing and possible self-induced nature of the husband's property acquisition and the full impact of the variation on the wife's repayment of legal costs under the Legal Aid first charge — and ordered limited further affidavit evidence to be filed before appeal proceeds.

Citation
CHENG CHUNG SHAN v. LI SIU MAN
Parties
Petitioner (husband): Cheng Chung Shan; Respondent (wife): Li Siu Man
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
2 April 2004
Case Number
HCMP440/2004
Procedural Posture
Court of Appeal Miscellaneous Proceedings (renewed Leave to Appeal From FCMC No. 12462/1999) / Renewed Application for Leave to Appeal; Decision on Conditional Grant of Leave
Outcome
Leave to appeal granted conditionally by Court of Appeal
Legal Topics
Variation of Maintenance, Leave to Appeal, First Charge by Legal Aid, Financial Disclosure, Self Induced Financial Hardship, Mortgage Financing, Housing Allowance
Source Language
EN
Family Law Ancillary Relief Maintenance Variation Civil Procedure Legal Aid Variation of Maintenance Leave to Appeal First Charge by Legal Aid +4 more

Case Brief

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Parties

Cheng Chung Shan

Petitioner (husband)

Li Siu Man

Respondent (wife)

Procedural Posture

Court of Appeal Miscellaneous Proceedings (renewed Leave to Appeal From FCMC No. 12462/1999) / Renewed Application for Leave to Appeal; Decision on Conditional Grant of Leave

Legal Issues

  1. 1 Whether leave to appeal should be granted against variation of maintenance order
  2. 2 Whether the judge below failed to consider the husband's financing of the 44% property purchase and whether that constituted self-induced hardship
  3. 3 Whether the effect of the variation on the wife's ability to receive full maintenance (due to Legal Aid first charge and suspension history) was adequately assessed

Ratio Decidendi

The Court of Appeal granted conditional leave to appeal because there were arguable grounds that the judge below failed to consider material matters — notably the financing and possible self-induced nature of the husband's property acquisition and the full impact of the variation on the wife's repayment of legal costs under the Legal Aid first charge — and ordered limited further affidavit evidence to be filed before appeal proceeds.

Court Disposition

Leave to appeal granted conditionally by Court of Appeal

Orders

  • Leave granted on condition that the respondent files and serves an affidavit within 28 days limited to: (1) the total amount of legal costs as at the date of the maintenance order which is subject to the first charge; (2) the amount of such costs outstanding at the date of the variation order; (3) evidence of...