Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Sham divorce

Legal area

Court

24 Jun 2020

WONG WAI WING v. MANG FAN LIN

Citation

[2020] HKCA 503
Court

Court of Appeal
Case number

CAMP312/2019

The Court held the trial judge was entitled to consider the plaintiff's conduct in effecting a sham divorce as relevant misconduct 'in and about the matters that triggered off the litigation' under Order 62 r5, that the proposed grounds lacked reasonable prospect of success, and that no interest of justice warranted granting leave; accordingly the application for leave to appeal was dismissed and costs were awarded to the defendant with a summary assessment of HKD 70,270.
5 Dec 2019

WONG WAI WING v. MANG FAN LIN

Citation

[2019] HKCFI 2939
Court

Court of First Instance
Case number

HCMP1498/2016

Leave to appeal refused because the intended appeal had no reasonable prospect of success; the judge lawfully exercised discretion under Order 62 by taking into account the parties' conduct before and during the proceedings (including collusion in a feigned divorce and false assertions leading to a Consent Order) which were connected to the subject matter of the main action; therefore costs order nisi was correctly made that Mr Wong pay Ms Mang's costs of the Summons to be summarily assessed.