GM=SA ALSO KNOWN AS DG, M-S v. DMP-J

GM=SA ALSO KNOWN AS DG, M-S v. DMP-J

Leave to appeal was refused because the proper procedure to challenge alleged non-disclosure in the negotiation of consent orders is a fresh action to set them aside rather than an appeal given central factual disputes, and there was no reasonable prospect of success in setting aside the decree nisi because the...

Source-derived case information.

Citation
GM=SA ALSO KNOWN AS DG, M-S v. DMP-J
Parties
Petitioner: GM-SA (also known as DG, M-S); Respondent: DMP-J
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
14 September 2017
Case Number
HCMP1052/2017
Procedural Posture
Divorce — Leave to Appeal Against Decree Nisi and Consent Orders / Court of Appeal Miscellaneous Proceeding; Application for Leave to Appeal and Decision on Costs
Outcome
Leave to appeal refused; costs reserved and ultimately no order as to costs.
Legal Topics
Divorce, Consent Orders, Disclosure, Setting Aside Orders, Child Custody and Access, Relocation, Costs
Source Language
en
Family Law Appeals Civil Procedure Divorce Consent Orders Disclosure Setting Aside Orders Child Custody and Access +2 more

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Parties

GM-SA (also known as DG, M-S)

Petitioner

DMP-J

Respondent

Procedural Posture

Divorce — Leave to Appeal Against Decree Nisi and Consent Orders / Court of Appeal Miscellaneous Proceeding; Application for Leave to Appeal and Decision on Costs

Legal Issues

  1. 1 Whether the wife was obliged to disclose her new relationship and intention to relocate during negotiations for consent orders
  2. 2 Whether non-disclosure (if established) entitles the husband to set aside the consent orders and decree nisi by way of appeal
  3. 3 Proper procedural vehicle to challenge consent orders and decree nisi (fresh action to set aside v appeal)

Ratio Decidendi

Leave to appeal was refused because the proper procedure to challenge alleged non-disclosure in the negotiation of consent orders is a fresh action to set them aside rather than an appeal given central factual disputes, and there was no reasonable prospect of success in setting aside the decree nisi because the marriage was plainly at an end; accordingly leave was refused and no order as to costs was made.

Court Disposition

Leave to appeal refused; costs reserved and ultimately no order as to costs.

Orders

  • Leave to appeal refused
  • No order as to costs