LCH v. WSPN

CAMP 26/2024, [2024] HKCA 739

On Intended Appeal From [2023] HKFC 254 and [2023] HKFC 257

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO. 26 OF 2024

(ON AN INTENDED APPEAL FROM FCMC NO. 1936 OF 2020)

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DECISION

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Hon Cheung JA (giving the Decision of the Court) :

1.  We will grant an extension of time of 14 days from the date of this Decision to the Petitioner to serve and file a Notice of Appeal. It is clear that the delay by the Petitioner in serving a Notice of Appeal was caused by his misunderstanding that leave to appeal was required instead of him being entitled to appeal as of right against an order for committal. It is also reasonably arguable that the Judge below had erred in not dealing first with his application to vary the consent order of 30 November 2020 in respect of the provision for the payment of the children’s school fees before considering the committal application.

2.  Costs of the application be the Respondent’s costs in the cause of the appeal.