HTL v. K,RE

FCMC 1678/2013

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MATRIMONIAL CAUSES NO. 1678 OF 2013

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BETWEEN
HTL Petitioner
and
K,RE Respondent

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Coram: Her Honour Judge Sharon D. Melloy in Chambers (Not open to the public)

Date of Hearing: 4 January 2016
Date of Ruling: 6 January 2016

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R U L I N G
(Leave to appeal out of time)

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1. This is the first of three applications issued by the respondent husband that seek in one guise or another to appeal against myjudgment of the 10 November 2015. In this summons the respondent seeks leave to appeal the order arising out of that judgment outof time. He has also issued a further two summonses, both of which are also dated the 8 December 2015, the first to appeal againstthe judgment dated the 10 November 2015 and the second to appeal against the order dated the 10 November 2015. Apparently the husbandinsisted that he have three separate hearing dates and therefore the second summons is due to come before me on the 15 January andthe third on the 29 January.

2. It has been pointed out by the solicitor for the wife that the husband’s application on this occasion is misconceived in thathe is not out of time – see Order 58, Rule 2(4)(c) of the Rules of the District Court, Cap 336H. I accept that to be the case.Consequently the husband’s summons shall be dismissed with costs to the wife on a party and party basis to be assessed on a summaryassessment basis.

( Sharon D. MELLOY )
District Judge

Mr. S. Leung of Tang, Lai & Leung, for the Petitioner

The Respondent appeared in person