A v. B

A v. B

The issues and claimed reliefs are within the competence and monetary jurisdiction of the District Court/Family Court and are not of such legal or factual complexity as to require retention in the Court of First Instance; preliminary views expressed by the original family judge do not establish bias sufficient to deny transfer; accordingly the action is to be transferred to the Family Court.

Citation
[2021] HKCFI 77
Parties
Plaintiff: A; Defendant: B
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
8 January 2021
Case Number
HCA2431/2017
Procedural Posture
Civil Family (setting Aside Consent Order and Ancillary Relief) / Interlocutory Transfer Application Decision
Outcome
Case transferred to the Family Court; costs awarded to the Wife
Legal Topics
Setting Aside Consent Order, Full and Frank Disclosure, Ancillary Relief, Prenuptial Agreement, Transfer of Proceedings, Appearance of Bias
Source Language
EN
Family Law Civil Procedure Equity Private International Law Conflict of Laws Setting Aside Consent Order Full and Frank Disclosure Ancillary Relief +3 more

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Parties

A

Plaintiff

B

Defendant

Procedural Posture

Civil Family (setting Aside Consent Order and Ancillary Relief) / Interlocutory Transfer Application Decision

Legal Issues

  1. 1 Whether the Wife made misrepresentation or material non-disclosure regarding relationship with TT and intention to relocate (issue 1)
  2. 2 Whether the Wife was obliged to disclose the 2 Matters (issue 2)
  3. 3 Whether the Husband relied on the alleged misrepresentation/non-disclosure (issue 3)

Ratio Decidendi

The issues and claimed reliefs are within the competence and monetary jurisdiction of the District Court/Family Court and are not of such legal or factual complexity as to require retention in the Court of First Instance; preliminary views expressed by the original family judge do not establish bias sufficient to deny transfer; accordingly the action is to be transferred to the Family Court.

Court Disposition

Case transferred to the Family Court; costs awarded to the Wife

Orders

  • Case transferred to the Family Court (District Court family jurisdiction) for trial/processing
  • Husband to pay the Wife's costs of the transfer application; costs certified for two counsel and summarily assessed at $401,000 (HKD)