4 Nov 2020
NPYJ v. SMRC
- Citation
- [2020] HKFC 227
- Court
- Family Court
- Case number
- FCMC9098/2018
The husband failed to discharge the burden under s.19 to show lack of bona fide prosecution or other good cause to vacate the lis; the wife was entitled to preserve the matrimonial home and its encumbrances pending final ancillary relief; the husband’s late 68th affidavit raised new grounds filed without leave and failed Ladd v Marshall criteria and was expunged; on the financial evidence the husband had assets and income available and did not justify vacatur, therefore the summons to vacate the AR Notice was dismissed and costs were ordered against the husband.