Chan Chi Wing v Chan Tse Yook Yee

CourtCourt of Appeal (Hong Kong)
Judgment Date28 November 1989
Judgement NumberCACV119/1989
Subject MatterCivil Appeal
CACV000119/1989 CHAN CHI WING v. CHAN TSE YOOK YEE

CACV000119/1989

IN THE COURT OF APPEAL 1989, No. 114
(Civil)

BETWEEN

CHAN CHI WING Petitioner
(Respondent)
AND
CHAN TSE YOOK YEE Respondent
(Appellant)

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1989, No. 119
(Civil)

BETWEEN

CHAN CHI WING Petitioner
(1st Respondent)
AND
CHAN TSE YOOK YEE Respondent
(Appellant)
and
KWAN CHAK MAN Applicant
(2nd Respondent)

----------------

Coram: Hon. Fuad, V-P, Penlington & Macdougall, JJ.A.

Date of hearing: 16 November 1989

Date of handing down of judgment: 28 November 1989

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J U D G M E N T

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Penlington, J. A. (giving the judgment of the Court):

1. These are appeals brought against an order made by Judge Chism in the District Court whereby he struck out applications made by the Respondent pursuant to Sections 4 and Section 17 of the Matrimonial Proceedings and Property Ordinance (Cap. 192 "The Ordinance"). The appeals are made pursuant, in the case of the Section 4 application, to leave granted by Judge Chism and in respect of the Section 17 pursuant to leave granted by Macdougall J.A. in this Court.

2. It is not necessary to go into the background of this matter in great detail. The basic chronology is that on 11th May, 1984 the Petitioner filed a petition for divorce and on 13th February, 1985 a decree nisi was granted. The question of ancillary relief was as usual adjourned to chambers. The decree nisi was made absolute on 10th April, 1985. Notice of intention to proceed with the application for ancillary relief was filed on 13th January, 1986 and on 28th February of that year the Petitioner filed an affidavit of means. The Appellant filed her own affidavit of means on 5th March, 1986 and the hearing of this matter started before Hansen D.J. on 10th March, 1986. However in April of that year, while the matter was still pending, an application was made by the Appellant for legal aid and the proceedings were consequently adjourned. They resumed on 16th July, 1986 and were then adjourned again until 23rd October, 1986.

3. During the course of the hearing before Judge Hansen evidence however emerged that the Petitioner had transferred a flat to his mother, the 2nd Respondent in Appeal No. 119 of 1989, and he conceded that this was done to...

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