29 Aug 2016
LCKLM nee CKLM v. LWK
- Citation
- LCKLM nee CKLM v. LWK
- Court
- Family Court
- Case number
- FCMC11425/2011
Although respondent is in contempt for non-compliance with the Undertakings, the court exercised its discretion to refuse a Hadkinson stay because the appeal challenges the subject matter of the non-compliance, there are other enforcement mechanisms available, the contempt does not so impede the course of justice as to bar hearing, and respondent has raised arguable grounds (drafting ambiguity and mistake) giving reasonable prospects of success on grounds 1 and 2; accordingly the Hadkinson summons is dismissed and leave to appeal granted on grounds 1 and 2 without conditions.