6 Mar 1992
CHIU CHEE KAN, PETER v. CHIU KUNG TIEN MING, TAMMY
- Citation
- CHIU CHEE KAN, PETER v. CHIU KUNG TIEN MING, TAMMY
- Court
- Court of Appeal
- Case number
- CACV121/1991
The appeal was allowed because the trial judge misdirected himself in his rejection of a key witness (Teresa To) for plainly wrong reasons; that misdirection fatally undermined a credibility‑based decision on whether consortium had been determined. Given the centrality of that misassessment to the finding on s.11A(1)(e), the District Court decision was unsustainable and a retrial was ordered. The court reaffirmed that 'living apart' requires both physical separation and subjective cessation of recognition of the marriage, but deferred factual determination to a fresh trial.