NLH v. CKC

NLH v. CKC

Refusal of extension of time and leave to appeal because of an inordinate unexplained delay of over seven years coupled with no reasonable prospect of success; increased asset values or subsequent hardship do not justify reopening a final ancillary relief order.

Citation
NLH v. CKC
Parties
Petitioner: NLH; Respondent: CKC
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
29 January 2014
Case Number
HCMP3152/2013
Procedural Posture
Application for Extension of Time and Leave to Appeal to the Court of Appeal (ancillary Relief Matter) / Renewal of Out‑of‑time Application for Leave to Appeal and Extension of Time
Outcome
Applications for extension of time and leave to appeal refused
Legal Topics
Ancillary Relief, Extension of Time, Leave to Appeal, Enforcement, Property Distribution
Source Language
EN
Family Law Civil Procedure Appeal Ancillary Relief Extension of Time Leave to Appeal Enforcement Property Distribution

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Parties

NLH

Petitioner

CKC

Respondent

Procedural Posture

Application for Extension of Time and Leave to Appeal to the Court of Appeal (ancillary Relief Matter) / Renewal of Out‑of‑time Application for Leave to Appeal and Extension of Time

Legal Issues

  1. 1 Whether to grant extension of time to apply for leave to appeal after long delay
  2. 2 Whether to grant leave to appeal on merits
  3. 3 Whether increase in matrimonial assets or insufficiency of awarded sum justify reopening final ancillary relief order

Ratio Decidendi

Refusal of extension of time and leave to appeal because of an inordinate unexplained delay of over seven years coupled with no reasonable prospect of success; increased asset values or subsequent hardship do not justify reopening a final ancillary relief order.

Court Disposition

Applications for extension of time and leave to appeal refused

Orders

  • Extension of time to apply for leave to appeal refused
  • Leave to appeal refused