19 Dec 2022
CSFK v. HWH
- Citation
- [2022] HKFC 267
- Court
- Family Court
- Case number
- FCMC15072/2013
The Memorandum is admissible at the ancillary relief trial because it was signed after the conclusion of the first FDR hearing and outside the course of that FDR, and therefore is not automatically protected by FDR confidentiality or without prejudice privilege; moreover the respondent had made open references to the Memorandum in non-FDR hearings amounting to waiver; factual disputes including alleged fraud require resolution at trial rather than in this interlocutory application; accordingly the Memorandum must be considered by the trial judge under s7 MPPO and the presiding judge must be a…