L v. L

L v. L

Leave was granted to implement the agreement because the court found the arrangement was not objectionably collusive: parties had been candid, there was no evidence of extortion, the agreement protected the infant's interests, and granting leave avoided unnecessary publicity; however the trial judge remains free to investigate collusion at trial.

Citation
L v. L
Parties
Petitioner: L; Respondent: L
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
16 January 1970
Case Number
HCMC187/1969
Procedural Posture
Divorce (matrimonial Causes) / Interlocutory Application by Originating Summons for Leave to Implement Settlement and to File Further Petition
Outcome
Application granted in part: leave to implement the agreement granted; leave to file a further petition granted; present petition prayer stayed; petition set down for speedy trial.
Legal Topics
Collusion, Divorce Grounds (cruelty, Adultery, Sodomy), Custody, Wardship, Settlement Approval, Leave to Implement Agreement
Source Language
EN
Family Law Matrimonial Law Child Welfare Trusts Collusion Divorce Grounds (cruelty, Adultery, Sodomy) Custody Wardship +2 more

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Parties

L

Petitioner

L

Respondent

Procedural Posture

Divorce (matrimonial Causes) / Interlocutory Application by Originating Summons for Leave to Implement Settlement and to File Further Petition

Legal Issues

  1. 1 Whether the parties' agreement constitutes objectionable collusion barring relief
  2. 2 Whether the court should grant leave to implement the settlement agreement
  3. 3 Whether the interests of the infant child would be prejudiced by implementing the agreement

Ratio Decidendi

Leave was granted to implement the agreement because the court found the arrangement was not objectionably collusive: parties had been candid, there was no evidence of extortion, the agreement protected the infant's interests, and granting leave avoided unnecessary publicity; however the trial judge remains free to investigate collusion at trial.

Court Disposition

Application granted in part: leave to implement the agreement granted; leave to file a further petition granted; present petition prayer stayed; petition set down for speedy trial.

Orders

  • Leave granted to implement the parties' agreement subject to the discretion of the trial judge
  • Leave granted to the petitioner to file a further petition based on the adultery disclosed by the respondent