KGL v. CKY AND ANOTHER

KGL v. CKY AND ANOTHER

Leave to appeal was dismissed because the judge properly exercised her discretion in ancillary relief to deduct sums owing (HK$45,000 and HK$480,000) from the dispositions set aside after considering the evidence and s.7 MPPO factors, and the petitioner had no realistic prospect of success given the mode of proceedings and prior conduct.

Citation
KGL v. CKY AND ANOTHER
Parties
Petitioner: Petitioner; 1st Respondent: 1st Respondent; 2nd Respondent: 2nd Respondent
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
26 June 2007
Case Number
HCMP661/2007
Procedural Posture
Leave to Appeal Against Refusal of Application Under S.17 Matrimonial Proceedings and Property Ordinance (cap.192) / Court of Appeal Leave Application Hearing
Outcome
Application for leave to appeal dismissed
Legal Topics
Maintenance, Set Aside Dispositions, Ancillary Relief, Discretion Under S.17 MPPO, Enforcement of Financial Provision
Source Language
EN
Family Law Matrimonial Property Civil Procedure Maintenance Set Aside Dispositions Ancillary Relief Discretion Under S.17 MPPO Enforcement of Financial Provision

Case Brief

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Parties

Petitioner

Petitioner

1st Respondent

1st Respondent

2nd Respondent

2nd Respondent

Procedural Posture

Leave to Appeal Against Refusal of Application Under S.17 Matrimonial Proceedings and Property Ordinance (cap.192) / Court of Appeal Leave Application Hearing

Legal Issues

  1. 1 Whether a court setting aside a disposition under s.17 MPPO may deduct a debt incurred subsequently to the disposition from the sum ordered to be returned to the applicant
  2. 2 Whether the judge properly exercised discretion under s.17 and s.7 MPPO when making ancillary relief orders and deductions
  3. 3 Whether the mode of proceedings and the petitioner’s conduct precluded the point being the subject of an appeal

Ratio Decidendi

Leave to appeal was dismissed because the judge properly exercised her discretion in ancillary relief to deduct sums owing (HK$45,000 and HK$480,000) from the dispositions set aside after considering the evidence and s.7 MPPO factors, and the petitioner had no realistic prospect of success given the mode of proceedings and prior conduct.

Court Disposition

Application for leave to appeal dismissed

Orders

  • Leave to appeal refused
  • Application dismissed