CHIN KUNG KIN SAU v. CHIN PUI KAN

HCMP001355/1996

IN THE COURT OF APPEAL

1996, No. 1355
Miscellaneous Proceedings

BETWEEN
CHIN KUNG KIN SAU Petitioner/
Respondent
AND
CHIN PUI KAN
also known as CHIN BING FU
1st Respondent/
Applicant

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Coram: Hon Litton, V.-P., Bokhary and Mayo, JJ.A.

Date of hearing: 14 May 1996

Date of decision: 14 May 1996

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D E C I S I O N

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Litton, V.-P. (giving the decision of the Court):

1. There are two matters before us: (1) An application for leave to appeal against an order dated 17 April 1990 for payment of maintenanceand property adjustment. This order was made following an order nisi of divorce dated 12 August 1988. (2) A so-called “objection”to the judgment of this court given on 2 February 1996 in Civil Appeal No. 272/95; alternatively an “objection” to the way the judgehad dealt with the striking out of the applicant’s statement of claim, the subject matter of CA No. 272/95.

2. As to the so-called “objections” stated in the applicant’s written application, this court has no jurisdiction to entertain themand they are dismissed.

3. As to the first matter, the application for leave to appeal, this relates to an order made nearly eight years ago. The matter ismore than stale. It has been overtaken by events. The order for periodical maintenance has since been varied. If there are groundsfor saying that the circumstances have materially changed since the last order for periodical maintenance the applicant can applyto the District Court for a further variation of that order.

4. As regards the order dated 17 April 1990 for which the applicant seeks leave to appeal to this court out of time, there are no groundsof appeal and the application for leave to appeal is dismissed.

(Henry Litton) (K. Bokhary) (Simon Mayo)
Vice President Justice of Appeal Justice of Appeal

Representation:

Applicant (Chin Pui Kan), in person/present