Y v. S

Y v. S

The Court refused leave to appeal on the ground that the matter should be managed by the trial judge and preliminary points should be taken and decided below; an appeal at this stage would simply increase costs and was therefore inappropriate.

Citation
Y v. S
Parties
Petitioner: Y; Respondent: Respondent/Applicant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 December 2006
Case Number
HCMP2234/2006
Procedural Posture
Miscellaneous Proceedings (hcmp 2234/2006) on an Intended Appeal From FCDJ No. 680 of 1996 / Application for Leave to Appeal (court of Appeal, in Chambers)
Outcome
Leave to appeal refused
Legal Topics
Ancillary Relief, Leave to Appeal, Case Management, Jurisdictional Classification of Claims
Source Language
EN
Family Law Civil Procedure Trusts Ancillary Relief Leave to Appeal Case Management Jurisdictional Classification of Claims

Case Brief

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Parties

Y

Petitioner

Respondent/Applicant

Respondent

Procedural Posture

Miscellaneous Proceedings (hcmp 2234/2006) on an Intended Appeal From FCDJ No. 680 of 1996 / Application for Leave to Appeal (court of Appeal, in Chambers)

Legal Issues

  1. 1 Whether leave to appeal should be granted
  2. 2 Whether the wife's application is matrimonial in character or should proceed as a trust claim
  3. 3 Whether the trial judge should manage preliminary issues and case management

Ratio Decidendi

The Court refused leave to appeal on the ground that the matter should be managed by the trial judge and preliminary points should be taken and decided below; an appeal at this stage would simply increase costs and was therefore inappropriate.

Court Disposition

Leave to appeal refused

Orders

  • Leave to appeal refused