12 Oct 2023
Joinder of the Husband's sister was refused because the pleaded issues and ancillary relief were limited to determination of the Husband's half share against the intervenor; the Husband's attempt to expand the claim to the sister's share was beyond the scope of the matrimonial proceedings, not defined in the pleadings and therefore not necessary or just and convenient to join the sister as a party.
30 Dec 2020
Because the parties had agreed to a paper trial and the 2nd Defendant did not apply to adduce oral evidence or raise the procedural objection at hearing, there is no arguable appeal; the 2nd Defendant failed to demonstrate any beneficial interest in the property and the Stay Summons must be dismissed with costs.
4 Jun 2015
The respondents failed to demonstrate a decisive 'knock out' defence or compelling reason to set aside the ex parte leave; disputed issues of evidence and credibility (eg bank statements, deed of severance admissions, statutory declarations for HOS) require determination at a substantive trial. Therefore the leave under s.29AC was properly granted and the application to set aside is dismissed.
10 Mar 2015
The wife failed to show a reasonable prospect of success on the asserted interests of the children and her renewal was refused; the son’s general claim likewise lacked prospect except his specific claim that Belvedere Garden was an intended gift to him was not so unarguable as to be hopeless, therefore leave to appeal on the Belvedere Garden issue was granted and the son must file further evidence and bear the costs of the leave application.
10 Mar 2015
The court held that the wife’s case was vague and lacked a reasonable prospect of success and refused her renewed application; the son’s general claim to company and property interests was similarly unarguable at this stage except that his claim that Belvedere Garden was intended as a gift to him was not so unarguable as to deny him leave — accordingly the son was granted leave to appeal limited to his claim on Belvedere Garden and was permitted to file further evidence; the son was ordered to bear the costs of the leave application.
14 Mar 2014
The children do not possess a presently enforceable legal or equitable interest in the family assets sufficient to justify joinder: their asserted rights are contingent or moral pending the father's death, no cause of action or particulars of beneficial interest were pleaded, alleged unwritten trusts in land fail s5(1) Conveyancing and Property Ordinance formalities and exceptions do not apply, and proprietary estoppel cannot be used as a stand‑alone cause of action; accordingly the joinder application is dismissed.
24 Jan 2014
The Master applied Order 18 r 12 requiring necessity for fair disposal and concluded most requested particulars either sought evidence or were irrelevant to the two critical issues (beneficial interest and alleged torts). Accordingly the application was partially granted: defendants must provide particulars as to execution date/place/legal representation for the 2005 SPAs (Request 4(a)-(c)) and particulars of attestation (Request 5); other requests refused as unnecessary or seeking evidence.
15 Oct 2013
The will and proceedings concerning its validity are irrelevant to the question of costs in these proceedings; because the appellant succeeded on appeal establishing a beneficial interest, costs should follow the event and the respondents must pay all costs and expenses the appellant incurred in these proceedings here and below.
19 Dec 2006
The appeal is dismissed because there was no material non-disclosure by the petitioner and, in any event, any non-disclosure would not have made a substantial difference to the consent order providing for the child's education.
3 Apr 2003
The court held the charging order made absolute is interlocutory for the purposes of s.22(1)(a) of Cap.484; the relevant matter in dispute is the applicant's beneficial interest in the charged property (not the taxed costs), which was not shown to meet the $1,000,000 threshold; the appeal did not raise any matter of great general or public importance and no exceptional circumstances existed under the 'or otherwise' limb; accordingly leave to appeal to the Court of Final Appeal was refused.