KCY v. HJFG

KCY v. HJFG

The application for leave to appeal was dismissed; the court held that costs of the failed interlocutory application should be awarded to the successful party (the husband), to be taxed if not agreed, and that a certificate for the employment of two counsel was appropriate given the novelty and commercial complexity...

Source-derived case information.

Citation
KCY v. HJFG
Parties
Respondent: KCY; Petitioner: HJFG
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
6 October 2011
Case Number
HCMP685/2011
Procedural Posture
Matrimonial Ancillary Relief / Interlocutory Application for Interim Receiver / Application for Leave to Appeal (interlocutory)
Outcome
Application for leave to appeal dismissed; costs awarded to the husband; certificate for two counsel granted.
Legal Topics
Ancillary Relief, Interim Receiver, Leave to Appeal, Costs, Two Counsel Certificate
Source Language
en
Family Law Matrimonial Property Civil Procedure Costs Ancillary Relief Interim Receiver Leave to Appeal Two Counsel Certificate

Source-derived case record

Summary, issues, holding and outcome

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Parties

KCY

Respondent

HJFG

Petitioner

Procedural Posture

Matrimonial Ancillary Relief / Interlocutory Application for Interim Receiver / Application for Leave to Appeal (interlocutory)

Legal Issues

  1. 1 Whether leave to appeal should be granted against refusal to appoint an interim receiver
  2. 2 Whether costs of an interlocutory matrimonial application should follow the successful party
  3. 3 Whether employment of two counsel should be certified for taxation

Ratio Decidendi

The application for leave to appeal was dismissed; the court held that costs of the failed interlocutory application should be awarded to the successful party (the husband), to be taxed if not agreed, and that a certificate for the employment of two counsel was appropriate given the novelty and commercial complexity of the application.

Court Disposition

Application for leave to appeal dismissed; costs awarded to the husband; certificate for two counsel granted.

Orders

  • Application for leave to appeal dismissed.
  • Costs of the failed application to be paid to the husband, to be taxed if not agreed.