HTL v. K, RE

HTL v. K, RE

Leave to appeal was refused because the appeal had no reasonable prospect of success: the judge’s access order was based on evidence and the paramount consideration of the children’s best interests, the father improperly raised new grounds without explanation, there was no cogent evidence of bias, and the judge’s refusal to allow cross-examination and suspension of staying access fell within legitimate case management discretion.

Citation
HTL v. K, RE
Parties
Petitioner: HTL; Respondent: K, RE
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
17 August 2015
Case Number
HCMP1319/2015
Procedural Posture
Family Law Access/ancillary Relief (application for Leave to Appeal) / Court of Appeal Application for Leave to Appeal From FCMC
Outcome
Application for leave to appeal refused; application found totally without merit; prohibition on oral reconsideration ordered; no order as to costs for this application.
Legal Topics
Access/staying Access, Best Interests of the Child, Judicial Impartiality, Leave to Appeal, Case Management Discretion
Source Language
EN
Family Law Children Law Civil Procedure Appeal Access/staying Access Best Interests of the Child Judicial Impartiality Leave to Appeal +1 more

Case Brief

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Parties

HTL

Petitioner

K, RE

Respondent

Procedural Posture

Family Law Access/ancillary Relief (application for Leave to Appeal) / Court of Appeal Application for Leave to Appeal From FCMC

Legal Issues

  1. 1 Whether leave to appeal should be granted under s63A(2) District Court Ordinance
  2. 2 Whether the trial judge was biased or impartial
  3. 3 Whether suspension of staying access was lawful and in children's best interests

Ratio Decidendi

Leave to appeal was refused because the appeal had no reasonable prospect of success: the judge’s access order was based on evidence and the paramount consideration of the children’s best interests, the father improperly raised new grounds without explanation, there was no cogent evidence of bias, and the judge’s refusal to allow cross-examination and suspension of staying access fell within legitimate case management discretion.

Court Disposition

Application for leave to appeal refused; application found totally without merit; prohibition on oral reconsideration ordered; no order as to costs for this application.

Orders

  • Leave to appeal refused
  • Application dismissed as totally without merit