31 Aug 2021
The judge found the wife not credible and on the facts concluded she was not misled under s15C(2) because she had first reneged on the parties' bargain and the husband had allowed her to remain until her breach; accordingly the appeal has no reasonable prospect of success under s63A(2) and leave to appeal is dismissed, with costs ordered against the wife.
2 Jul 2021
The judge found the wife not a credible witness and accepted the husband and TL & Co's evidence that the wife read, understood and signed the documents; the wife had not been misled in relation to the Consent Summons and, on the facts, any alleged promise about residence did not justify rescission; even if there had been misleading conduct the court exercised its discretion not to rescind the decree nisi. The application was dismissed, the wife's Form A struck out and costs ordered to the husband.
11 Dec 2014
The decree nisi was rescinded because it was obtained on materially untrue or incomplete evidence by the petitioner; however the Mainland divorce decree was not recognised because on balance the petitioner did not have a reasonable opportunity to take part in the Mainland proceedings (s61(2)(a)(ii) MCO), so the Hong Kong petition was not a nullity and the respondent's applications to strike out the petition and to vacate the land registration failed. Costs were apportioned given partial success.
25 Feb 2014
The appeal was dismissed because the appellant persistently failed to comply with mandatory directions to prepare and lodge the draft appeal bundle, causing an inordinate delay of over eight years attributable to his inaction; there was no satisfactory explanation and no legal basis (per s.16C(1)(b)(ii) Legal Aid Ordinance) for the set-off argument, so further indulgence would be unjustified and the appeal was an abuse of process.