WML 對 LCK

Parties

Procedural Posture

Civil Appeal / Leave to Appeal Application

Legal Issues

1. 1 Whether the judge erred in refusing an adjournment which prevented the husband from being represented by counsel and whether that denial breached his right to a fair hearing
2. 2 Whether properties registered in the husband’s name or jointly with his mother were validly gifted by the husband’s father given the father’s severe physical disability and impaired mental functioning and therefore whether those assets were properly included in the parties’ property division
3. 3 Whether a stay of the lower court’s order should be granted and on what conditions

Ratio Decidendi

Leave to appeal was granted because both contested issues had a real prospect of success, notably the question whether the father had capacity to make gifts given his severe disabilities and the fact that mother acted as litigation guardian in earlier proceedings; accordingly the court stayed execution of the lower court order on conditions including interim maintenance payments and ordered costs to the successful appellant.

Court Disposition

Permission to appeal granted; execution of the lower court order stayed subject to conditions; costs to successful appellant; wife’s costs to be assessed under the Legal Aid Rules

Orders

• Permission to appeal granted
• Execution of the magistrate’s ancillary relief order is stayed provided the husband pays HK$3,000 to the wife within seven days of judgment and thereafter HK$3,000 on the 1st day of each month as maintenance for the eldest son