BKSH nee KSH v. JAB

BKSH nee KSH v. JAB

The Court refused broad leave to appeal but granted leave limited to three calculational issues (deduction of rent, J's two years of secondary education charges, and full credit for school fees paid) because those discrete points raised reasonably arguable errors; the Hong Kong Family Court retained jurisdiction to vary ancillary relief despite parties residing in England; absence of expert evidence on English enforceability meant refusal to grant leave to enforce in England was appropriate; the Judge had not misapplied legal principles or law when refusing wider relief or recusal.

Citation
BKSH nee KSH v. JAB
Parties
Petitioner: BKSH nee KSH; Respondent: JAB
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
4 October 2017
Case Number
HCMP767/2017
Procedural Posture
Miscellaneous Proceedings (renewal of Leave to Appeal From Fcmc) / Court of Appeal Decision on Renewal of Leave to Appeal (paper Hearing)
Outcome
Leave to appeal granted limited to three specified calculation issues; all other grounds refused; costs of this application to be in the cause of the appeal.
Legal Topics
Variation of Maintenance, Consent Order Enforcement, Recognition and Enforcement Abroad, Sale of Jointly Owned Property, Education Fund, Leave to Appeal
Source Language
EN
Family Law Child Maintenance Ancillary Relief Property Enforcement Jurisdiction Variation of Maintenance Consent Order Enforcement +4 more

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Parties

BKSH nee KSH

Petitioner

JAB

Respondent

Procedural Posture

Miscellaneous Proceedings (renewal of Leave to Appeal From Fcmc) / Court of Appeal Decision on Renewal of Leave to Appeal (paper Hearing)

Legal Issues

  1. 1 Whether Hong Kong court retains jurisdiction to vary ancillary relief and maintenance orders despite parties residing in England
  2. 2 Whether the Hong Kong order of 14 October 2016 was enforceable in England and whether leave to enforce should be granted
  3. 3 Whether the FDR judge should have recused himself

Ratio Decidendi

The Court refused broad leave to appeal but granted leave limited to three calculational issues (deduction of rent, J's two years of secondary education charges, and full credit for school fees paid) because those discrete points raised reasonably arguable errors; the Hong Kong Family Court retained jurisdiction to vary ancillary relief despite parties residing in England; absence of expert evidence on English enforceability meant refusal to grant leave to enforce in England was appropriate; the Judge had not misapplied legal principles or law when refusing wider relief or recusal.

Court Disposition

Leave to appeal granted limited to three specified calculation issues; all other grounds refused; costs of this application to be in the cause of the appeal.

Orders

  • Grant leave to appeal limited to three matters: (1) deduction of rent from arrears; (2) deduction for J's two years of secondary education in England if education was free; (3) whether the husband is entitled to credit for the whole sum of HK$942,581.50 (school fees paid) rather than half.
  • Order that the costs of this application be in the cause of the appeal.