Y v. S

HCMP 2234/2006

in the high court of the

hong kong special administrative region

court of appeal

MISCELLANEOUS PROCEEDINGS no. 2234 of 2006

(on an intended appeal from fcdj NO. 680 of 1996)

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D E C I S I O N

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Hon Rogers VP:

1.  This is an application for leave to appeal.  It is leave to appeal a judgment of Her Honour Judge Chu given on 18 August 2006.  In effect, what it was, was that the judge gave leave to apply for ancillary relief.  The point sought to be argued on the appeal is that the application which the wife makes, which is now a good deal after the marriage has broken down and dissolved, was not really an application in the matrimonial proceedings but was an application which, if it should be made at all, should be made on the basis of trust.

2.  There may be something in that point but it is impossible for me to say at the moment.  I do appreciate that the judge below is very experienced in matrimonial matters and very much this Court leaves the question of case management to the judges who are going to try the case.  What occurs to me is that the judge below should be able to control this matter and I have no doubt will be able to do it.  If there may be preliminary points which can be taken or argued, it would be better if they are argued that way.  It is a matter for the judge and it is a matter for how she thinks the case should best be conducted.

3.  But I am not convinced that there should be an appeal at this stage in this matter because if the case is properly handled below, to have an appeal at this stage would simply increase the costs for everybody.  I am very mindful of that and that is why I am refusing leave.