S v. B

S v. B

The husband's summons for leave to appeal out of time was dismissed because s.14(3)(d) of the High Court Ordinance precludes an appeal from a decree absolute where the party had time and opportunity to appeal the decree nisi but did not do so; the Court followed binding authority (LCM v LYY) extending s.14(3)(d) to District Court orders; recusal allegations were unparticularised and insufficient.

Citation
S v. B
Parties
Petitioner: S; Respondent: Respondent
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
5 November 2012
Case Number
HCMP1837/2012
Procedural Posture
Miscellaneous Proceedings (nullity of Marriage) / Application for Leave to Appeal (out of Time) to the Court of Appeal
Outcome
Husband's summons for leave to appeal dismissed; recusal refused; no reconsideration permitted; costs ordered in favour of wife (order nisi).
Legal Topics
Nullity of Marriage, Appeal Limitation, Leave to Appeal, Recusal, Statutory Construction of S.14(3)(d) High Court Ordinance
Source Language
EN
Family Law Civil Procedure Judicial Ethics Nullity of Marriage Appeal Limitation Leave to Appeal Recusal Statutory Construction of S.14(3)(d) High Court Ordinance

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Parties

S

Petitioner

Respondent

Respondent

Procedural Posture

Miscellaneous Proceedings (nullity of Marriage) / Application for Leave to Appeal (out of Time) to the Court of Appeal

Legal Issues

  1. 1 Whether s.14(3)(d) High Court Ordinance precludes an appeal from an order absolute where no appeal was taken from the decree nisi
  2. 2 Whether the husband had 'time and opportunity' to appeal the decree nisi
  3. 3 Whether allegations of fraud/perjury by the wife affect the husband's opportunity to appeal

Ratio Decidendi

The husband's summons for leave to appeal out of time was dismissed because s.14(3)(d) of the High Court Ordinance precludes an appeal from a decree absolute where the party had time and opportunity to appeal the decree nisi but did not do so; the Court followed binding authority (LCM v LYY) extending s.14(3)(d) to District Court orders; recusal allegations were unparticularised and insufficient.

Court Disposition

Husband's summons for leave to appeal dismissed; recusal refused; no reconsideration permitted; costs ordered in favour of wife (order nisi).

Orders

  • Dismissal of the husband's summons seeking leave to appeal out of time
  • Refusal to recuse the judge below