8 Feb 2013
SA formerly known as SA v. SPH
- Citation
- SA formerly known as SA v. SPH
- Court
- Court of Appeal
- Case number
- CACV99/2012
The Court of Appeal allowed the wife's appeal, holding the judge below erred in finding Germany to be distinctly more appropriate. Hong Kong has the most real and substantial connection to the marriage and proceedings; the husband failed to discharge the burden to show Germany was clearly more appropriate; the wife would face juridical disadvantages under German law and procedure; consequently the stay was wrongful and must be discharged.