23 Oct 2020
WHWV v. WECH
- Citation
- [2020] HKCA 839
- Court
- Court of Appeal
- Case number
- CACV547/2020
The judge erred by failing to consider the Husband's fresh 13 December 2019 offer and by relying on an incorrect broad proposition that a spouse may unilaterally liquidate matrimonial assets at any stage; the court has no statutory or inherent jurisdiction to order an interim sale of the matrimonial home prior to decree under the MPPO; accordingly the Vacate Order vacating the AR notice was unlawful and was set aside; leave to appeal out of time was granted because the delay was minimal and the appeal had reasonable prospects of success.
- Ancillary relief
- Notice of application for ancillary relief
- Vacation of registration
- Leave to appeal out of time
- Interim sale orders
- Jurisdiction to order sale pre-decree