Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Third party rights and undertakings
  • 10 Jan 2014

    TCWF v. LKKS

    Citation
    TCWF v. LKKS
    Court
    Court of Appeal
    Case number
    CACV154/2012

    Key holdings: (1) No sustainable apparent bias; judge did not have to recuse for the ancillary relief trial. (2) Findings of forgery and perjury based on SP1 were set aside because documents were not properly admissible/ proved and because compromise (23 Feb 2011) operated as res judicata/estoppel to preclude re-litigation of forgery in ancillary relief; those specific findings cannot stand. (3) Referral of the judgment to the DPP is not appealable and was within judicial practice; language used was not improper. (4) Fathers contractual rights under the Framework Agreement and Special Articl…