KLYS v. TCKE

[2023]HKFC17

FCMC 10356 / 2013

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MATRIMONIAL CAUSES

NUMBER 10356 OF 2013

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J U D G M E N T

(Application for Leave to Appeal)

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1.  I shall refer to the petitioner Mother and the respondent Father as P and R respectively.

2.  By the order of Deputy District Judge W Y Ho made on 7 June 2022, it was ordered inter alia that: -

(a)  R’s application for variation of maintenance be set down for trial commencing on 10 January 2023 before HHJ K K Pang, with 11 January 2023 reserved;

(b)  Pre-Trial Review be fixed before the trial judge on 21 November 2022;

(c)  P do serve a copy of the draft trial bundle index on R for comment by 1 November 2022 ...;

(d)  P do lodge and serve the trial bundle on or before 16 November 2022;

(e)  The parties’ respective statements of issues in dispute, certificates of time estimate for trial, chronology of events, and this order be included in the trial bundle.

3.  At the Pre-Trial Review hearing on 21 November 2022, it transpired that R did not prepare his statement of issue in dispute, certificate of time estimate for trial, chronology of events. Upon hearing P’s legal representative and R appearing in person, by the order of His Honour Judge K K Pang made on 21 November 2022, it was ordered that:

(a)  R do lodge and serve his signed statement of issues in dispute, chronology of events and certificate of time estimate within 7 days of the day of the order;

(b)  Costs in the cause;

(c)  P’s own costs be taxed in accordance with Legal Aid Regulations.

4.  By a summons filed on 7 December 2022, R applied for leave to appeal against the said order dated 21 November 2022. The Ground of appeal upon which R relies is that allegedly the learned judge has failed to take into account that as a matter of fact, P did not serve a copy of the draft trial bundle index on R for comment as provided by the order dated 7 June 2022. It is accepted that P’s legal representative served a soft copy of the trial bundle on him by email on 17 November 2022 at 6:53 p.m. and handed over a hard copy to him on 21 November 2022 at 9:55 a.m. outside the court room. However, R said that he should have the opportunity of reviewing the trial bundle prepared by P’s legal representative before he prepares his statement of issue in dispute, certificate of time estimate for trial, chronology of events.

5.  R has been participating in the present application since the beginning. He should be thoroughly familiar with the background of these proceedings and hence a fortiori the chronology, the parties’ issues in dispute and the trial time that he requires. As such, I take the view that he can prepare his statement of issue in dispute, certificate of time estimate for trial, chronology of events with or without the trial bundle. In any event, by the order dated 21 November 2022, time extension for 7 days was granted to R for the preparation of his statement of issue in dispute, certificate of time estimate for trial, chronology of events. That is a square case management order. By reason of matters aforesaid, I further take the view that R’s ground of appeal does not have a reasonable prospect of success.

6.  Section 63A (2) of the District Court Ordinance provides that leave to appeal shall not be granted unless the intended appeal has a reasonable prospect of success or that there is some other reason in the interests of justice that the appeal should be heard. There is no reasonable prospect of success in the said ground of appeal. Nor is there any other reason in the interests of justice that the appeal should be heard.

7.  Accordingly, it is ordered that R’s summons dated 7 December 2022 for leave to appeal be dismissed.

8.  R is unsuccessful in the present application. Despite that, taking into consideration P did not take part in R’s present application I make no order as to costs.