Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Setting aside decree

  • 3 Dec 2020

    The Estate of CWT, Deceased v. YYK

    Citation
    [2020] HKFC 247
    Court
    Family Court
    Case number
    FCMC10917/2006

    The court found the husband’s ex parte affirmation contained serious, deliberate misrepresentations about the wife’s desertion and inability to be located; the substituted service order was therefore improperly obtained and deprived the wife of the opportunity to appear. Consequently the substituted service order and the subsequent decree nisi and decree absolute were nullities and were set aside.

  • 14 Jun 2012

    SP 對 JBJ

    Citation
    SP 對 JBJ
    Court
    Court of Appeal
    Case number
    CACV9/2012

    The appeal succeeds because the respondent procured substituted service by making materially false statements in her supporting affidavit; substituted service was therefore invalid, the interim and final divorce decrees must be set aside, and the appellant is permitted to file a defence within 28 days; respondent ordered to pay appellant's costs to be assessed under the Legal Aid Rules and documents referred to the Department of Justice for consideration of further action.

  • 20 Jun 2008

    FHFK v. NCM

    Citation
    FHFK v. NCM
    Court
    Court of Appeal
    Case number
    CACV182/2007

    The substituted service order and resultant decrees were obtained by means that misled the court (fraud or material non-disclosure) and therefore the proceedings were voidable; the respondent was an innocent party deprived of the opportunity to defend, and in the exercise of the court's discretion the substituted service order, the decree nisi and the decree absolute were set aside despite the husband's remarriage.