18 Jul 2012
The appeal was dismissed because there are serious disputed facts (on whether the children promised not to deal with the properties and on what was said by the solicitor when documents were signed) making the appeal procedure inappropriate and a fresh action the proper remedy; accordingly paragraphs 2(ii) and 2(iii) could not be set aside on this appeal.
30 Mar 2012
The Court held that re-hearing to set aside a final consent order in the same matrimonial proceedings is not available in Hong Kong (Lui Sik Kuen) and where serious factual disputes and unparticularized allegations of fraud/non-disclosure exist the appellate route is unsuitable; the appropriate remedy is to commence a fresh action in a court of competent jurisdiction to plead particulars and resolve facts. Accordingly the Wife's leave to appeal summons (except permission to withdraw the setting aside summons) was dismissed and costs were ordered nisi against the Wife.