ARAV v. VP, LJ also known as PJ

FAMV No.43 of 2011

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 43 OF 2011 (CIVIL)

(ON APPLICATION FOR LEAVE TO APPEAL FROM CACV NO. 246 OF 2010)

_____________________

Between:

_____________________

_____________________

DETERMINATION

_____________________

Chief Justice Ma:

1.  The Respondent in these proceedings, the wife, applies for leave to appeal to the Court of Final Appeal from the decision of the Court of Appeal handed down on 16 June 2011.  Leave to appeal was refused by the Court of Appeal on 26 October 2011.  The Reasons for Judgment were handed down on 1 November 2011.  For the same reasons given by the Court of Appeal, we also refuse leave to appeal.  The application is therefore dismissed. We also make an order nisi as to costs that the Respondent should pay to the Petitioner the costs of the application for leave, such costs to be taxed if not agreed.  In the event that either party wishes a different order, written submissions must be lodged with the Registrar within 14 days of the date of the handing down of this Determination and any written submissions in reply should be lodged within 14 days thereafter.