W. Y. -v- C. [2007] IEHC 400 (23 November 2007)

W. Y. -v- C. [2007] IEHC 400 (23 November 2007)

There was material non-disclosure by the applicant regarding the availability of remedies in Hong Kong, justifying the setting aside of leave. Upon reconsideration, Ireland is not the appropriate forum for ancillary relief as the parties' connections and available remedies point to Hong Kong as the proper venue.

Citation
[2007] IEHC 400
Parties
Applicant: P. W. Y; Respondent: P. C
Jurisdiction
Ireland
Judgment Date
23 November 2007
Procedural Posture
Family Law Application for Ancillary Relief After Foreign Divorce / High Court Judgment on Motion to Set Aside Leave and Application for Fresh Leave
Outcome
Application for leave set aside; fresh application for leave refused.
Legal Topics
Recognition of Foreign Divorce, Ancillary Relief, Jurisdiction, Material Non Disclosure, Forum Non Conveniens
Family Law Private International Law Recognition of Foreign Divorce Ancillary Relief Jurisdiction Material Non Disclosure Forum Non Conveniens

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Parties

P. W. Y

Applicant

P. C

Respondent

Procedural Posture

Family Law Application for Ancillary Relief After Foreign Divorce / High Court Judgment on Motion to Set Aside Leave and Application for Fresh Leave

Legal Issues

  1. 1 Whether the High Court has jurisdiction to set aside leave granted ex parte under s.23(3) Family Law Act 1995
  2. 2 Whether material non-disclosure by the applicant justifies setting aside leave
  3. 3 Whether Ireland is the appropriate forum for ancillary relief under Part III Family Law Act 1995

Ratio Decidendi

There was material non-disclosure by the applicant regarding the availability of remedies in Hong Kong, justifying the setting aside of leave. Upon reconsideration, Ireland is not the appropriate forum for ancillary relief as the parties' connections and available remedies point to Hong Kong as the proper venue.

Court Disposition

Application for leave set aside; fresh application for leave refused.

Orders

  • Order of 15 December 2005 granting leave to apply set aside.
  • Application for leave to apply for relief under Part III Family Law Act 1995 refused.