12 Apr 2022
WWGW v. CSKL AND ANOTHER
- Citation
- [2022] HKFC 86
- Court
- Family Court
- Case number
- FCMC10898/2019
The wife's summons seeking a declaration that the registered owner holds the property on trust for the benefit of the Trustee-in-bankruptcy was dismissed because any interest of the wife, if vested in the trustee, is not available for ancillary relief and is therefore irrelevant to the matrimonial proceedings; the trustee's consent was restricted to engagement in the divorce itself and did not authorise the wife's third‑party claim; accordingly the wife lacked capacity to sue as she did and the District Court's jurisdiction was unclear (Practice Direction 27 not complied with).