Case Update on 10 October 2022

Oct 10, 2022

鄺與邱 [2022] HKCA 1259


Isaac recently acted on behalf of the Petitioner Wife in opposing the Respondent Husband’s application for leave to appeal a family judge’s decision for refusing to grant maintenance pending suit (“MPS”) to the husband.


In an attempt to buttress his application for leave to appeal, the husband also applied to adduce fresh evidence for the appellate Court to consider. However, the Court dismissed the husband’s fresh evidence application for failing to comply with Ladd v Marshall.


Turning to the appeal, the husband’s intended grounds of appeal were that (1) the family judge was biased and (2) since the dismissal of his MPS application, he was forced to rely on social welfare, suffered from serious discrimination, forced to pay high legal fees and therefore diagnosed with depression.


The Court of Appeal rebuked the Husband for the abusive and insulting language in his submissions that were directed towards the family judge. Furthermore, the Court dismissed the husband’s application for leave to appeal because he had failed to explain his delay of over 2 months. Furthermore, his intended grounds of appeal did not show that he has a reasonable prospect of success.


For ease of reference the case can be found here.


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