Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Withdrawal vs dismissal
  • 1 Nov 2021

    WOL v. CKC

    Citation
    [2021] HKFC 221
    Court
    Family Court
    Case number
    FCMC9488/2018

    On the exercise of the court's discretion, no order as to costs of the main suit is appropriate because neither party achieved a clear success on the unreasonable behaviour pleadings, the wife sensibly pursued two years separation by withdrawing and refiling which avoided further contested litigation, the husband did not obtain dismissal and should not be penalised for withholding consent, and the wife's late claim for costs from 8 July 2020 was unpleaded and unexplained. The court therefore ordered no order as to costs of the main suit and made an order nisi that costs of the determination o…