Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Removal of guardian
  • 19 Jul 2010

    SLWE AND OTHERS v. CTT AND ANOTHER

    Citation
    SLWE AND OTHERS v. CTT AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCMP1237/2010

    Section 8 does not place the High Court in the position of an appellate court to set aside a Family Court guardianship order obtained through an allegedly irregular ex parte application; the correct remedy is to apply to the Family Court to set aside the 17 December 2009 order for material irregularity. Given respondents' undertaking to consent to setting aside and return the matter to the Family Court, the High Court will not make substantive orders on the originating summons but will determine costs for the High Court hearing.