Hong Kong Case Law: Decisions & Judgments

Topic

Leave to file answer out of time

Legal area

Court

20 Apr 2023

LYL v. CCHS

Citation

[2023] HKFC 72
Court

Family Court
Case number

FCMC5373/2022

The application was dismissed because the respondent offered no acceptable explanation for inordinate delay in seeking leave to file his Answer and Cross Petition out of time and the proposed pleadings disclosed no reasonable prospect of success; he therefore failed to show it was probable the decree was obtained contrary to the justice of the case, so leave is refused and the Registrar's Certificate remains operative.
26 Sept 2018

X v. W

Citation

[2018] HKFC 162
Court

Family Court
Case number

FCMC5552/2017

The husband knew of the proceedings and chose not to defend; his unexplained delay and failure to file any draft answer meant he did not show substantial grounds to believe the decree nisi would be contrary to the interests of justice; the date of separation dispute did not provide a reasonable prospect of a successful defence because the source of assets, not solely the separation date, was the critical factor in this short, childless marriage; accordingly leave to file out of time was refused and decree nisi granted.
26 Nov 2015

WKWV v. HDG

Citation

WKWV v. HDG
Court

Family Court
Case number

FCMC15178/2014

Application dismissed because the respondent was aware of proceedings, elected not to defend, then delayed nearly eight months without satisfactory explanation; his draft answer did not disclose a realistic prospect of success or substantial grounds to believe a decree nisi would be contrary to the interests of justice; given prejudice to the petitioner and the child, leave to file out of time is refused and decree nisi hearing restored.
23 Jun 2010

JAH v. VH

Citation

JAH v. VH
Court

Family Court
Case number

FCMC14350/2009

Leave to file the Answer out of time was refused. Although the delay was short and partly excusable and the allegations were serious, the wife stated she would not rely on the particulars and the confidential special procedure context and both parties' desire to proceed to decree nisi meant that granting leave would not be justified; instead the court adjourned setting down in the special procedure list for six weeks to permit further applications and encouraged negotiation/mediation.
18 Mar 1986

CONNIE WAI HAN TANG YUNG v. STEPHEN WILLIAM KWING PUI YUNG

Citation

CONNIE WAI HAN TANG YUNG v. STEPHEN WILLIAM KWING PUI YUNG
Court

Court of Appeal
Case number

CACV201/1985

The District Judge's award of HK$35,000 per month was outside the permissible bracket on the evidence before him because he failed to provide a proper breakdown and relied on irrelevant material; the Court of Appeal substituted a justified figure of HK$22,000 per month based on reasonable monthly allocations for rent, pocket money, living expenses and travel/presents.

Hong Kong Case Law

LYL v. CCHS

X v. W

WKWV v. HDG

JAH v. VH

CONNIE WAI HAN TANG YUNG v. STEPHEN WILLIAM KWING PUI YUNG