MEG v. DCBS

MEG v. DCBS

Leave to appeal was granted because it is arguable that there has been a material change of circumstances, there are legitimate concerns that evidence excluded below may not have been necessarily inadmissible, and questions arise as to the appropriateness and form of a committal order; however the appellant faces an...

Source-derived case information.

Citation
MEG v. DCBS
Parties
Petitioner: MEG; Respondent: DCBS
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
31 March 2000
Case Number
HCMP929/2000
Procedural Posture
Application for Leave to Appeal (court of Appeal, HCMP 929/2000) / Renewed Application After Refusal by a Single Judge
Outcome
Leave to appeal granted
Legal Topics
Leave to Appeal, Duress, Material Change of Circumstances, Admissibility of Evidence, Appropriateness of Committal
Source Language
en
Civil Procedure Appeal Enforcement of Settlement Committal Orders Leave to Appeal Duress Material Change of Circumstances Admissibility of Evidence +1 more

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Summary, issues, holding and outcome

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Parties

MEG

Petitioner

DCBS

Respondent

Procedural Posture

Application for Leave to Appeal (court of Appeal, HCMP 929/2000) / Renewed Application After Refusal by a Single Judge

Legal Issues

  1. 1 Whether leave to appeal should be granted
  2. 2 Whether there has been a material change of circumstances rendering enforcement unjust
  3. 3 Whether alleged duress invalidates the earlier agreement

Ratio Decidendi

Leave to appeal was granted because it is arguable that there has been a material change of circumstances, there are legitimate concerns that evidence excluded below may not have been necessarily inadmissible, and questions arise as to the appropriateness and form of a committal order; however the appellant faces an extremely heavy burden on appeal.

Court Disposition

Leave to appeal granted

Orders

  • Leave to appeal granted
  • Grant subject to caveat that the appellant must discharge an extremely heavy burden on the appeal