Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Delay/prejudice

  • 16 Oct 2019

    潘 對 張

    Citation
    [2019] HKFC 266
    Court
    Family Court
    Case number
    FCMC13972/2014

    Court granted permission because applicant gave a credible and contemporaneous explanation for not applying at divorce (trust in husband and reliance on his continued support), the delay was reasonably explained and not inordinate, respondent failed to show substantive prejudice from reopening (his remarriage and new child did not amount to sufficient unjust prejudice), and applicant demonstrated a real prospect of obtaining ancillary relief given length of marriage and the flat acquired during marriage.

  • 31 Jul 2009

    KWC v. LYY

    Citation
    KWC v. LYY
    Court
    Family Court
    Case number
    FCMC14968/2006

    The court identified the matrimonial (family) assets, discounted deductions (children's maintenance), found the 2000 Agreement informal, ambiguous and drafted without legal advice or full financial disclosure so it did not automatically bar petitioner's claim, but gave the Agreement and conduct (including petitioner’s delay and respondent’s post‑separation contributions) some weight. After valuing assets and deducting children's maintenance, the net pool was HK$2,058,790; a slight departure from equality was justified and petitioner was awarded 45% of the net pool, fixed as a lump sum of HK$4…

  • 19 Mar 1996

    R. v. TAN SOON GIN, GEORGE

    Citation
    R. v. TAN SOON GIN, GEORGE
    Court
    Court of First Instance
    Case number
    HCCC443/1993

    Application for permanent stay refused: although substantial delay occurred, the Applicant contributed materially to delay and the prosecution's conduct (including joining co-defendants and evidence-gathering abroad) was justifiable; no evidence of such serious prejudice from delay, publicity or health that a fair trial is impossible; the court's discretion is not engaged to stay in this case.