SJH v. RJH

SJH v. RJH

The court held the husband was time-barred from raising a forum non conveniens challenge after filing an answer because Order 12, Rule 8(2) requires jurisdictional objections to be raised within the time limited for service of a defence; Form E does not alter that time limit. The application to amend the answer was...

Source-derived case information.

Citation
SJH v. RJH
Parties
Petitioner: SJH; Respondent: RJH
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 June 2012
Case Number
HCMP749/2012
Procedural Posture
Matrimonial/family Law (divorce and Ancillary Relief) / Court of Appeal Determination of Appeal Against Dismissal of Stay Summons and Application for Leave to Amend; Refusal of Leave to Appeal
Outcome
Appeal dismissed; amendment summons dismissed; leave to appeal refused
Legal Topics
Forum Non Conveniens, Jurisdictional Challenge, Amendment of Pleadings, Ancillary Relief, Case Management, Leave to Appeal
Source Language
en
Family Law Civil Procedure Private International Law Forum Non Conveniens Jurisdictional Challenge Amendment of Pleadings Ancillary Relief Case Management +1 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

SJH

Petitioner

RJH

Respondent

Procedural Posture

Matrimonial/family Law (divorce and Ancillary Relief) / Court of Appeal Determination of Appeal Against Dismissal of Stay Summons and Application for Leave to Amend; Refusal of Leave to Appeal

Legal Issues

  1. 1 Whether a forum non conveniens jurisdictional challenge can be raised after filing an answer in divorce proceedings
  2. 2 Whether filing Form E (financial statement) is distinct from filing an answer for the purpose of time limits on jurisdictional challenge
  3. 3 Whether leave should be granted to amend an answer to add a cross-petition based on delay and case management considerations

Ratio Decidendi

The court held the husband was time-barred from raising a forum non conveniens challenge after filing an answer because Order 12, Rule 8(2) requires jurisdictional objections to be raised within the time limited for service of a defence; Form E does not alter that time limit. The application to amend the answer was refused for unexplained delay, prejudice to case management and because the alleged adultery would not materially affect ancillary relief or custody, so there was no reasonable prospect of success; leave to appeal was refused.

Court Disposition

Appeal dismissed; amendment summons dismissed; leave to appeal refused

Orders

  • Dismissal of the stay summons affirmed
  • Dismissal of the amendment summons affirmed