27 Aug 1968
MAURICE ANDRE GENSBURGER v. EVELYN APRYL GENSBURGER AND OTHERS
- Citation
- MAURICE ANDRE GENSBURGER v. EVELYN APRYL GENSBURGER AND OTHERS
- Court
- Court of Appeal
- Case number
- CACV18/1968
The Full Court held that (1) the action of criminal conversation no longer subsists in Hong Kong but damages for adultery under s.50(1) of the Matrimonial Causes Ordinance may be assessed by principles analogous to those developed in Butterworth/Pritchard (pecuniary value plus injury to feelings); (2) fresh evidence was not admissible on appeal because it was speculative and unlikely to materially affect the award; and (3) the trial judge's calculation was excessive and should be reduced, resulting in total damages of HKD 20,000 (HKD 10,000 pecuniary, HKD 10,000 injury to feelings).