Matrimonial Proceedings
(Reported in Lianhe Zaobao, 24/12/2004)

Mr. Colin Kang successfully represented the respondent in an appeal before the High Court which matter was reported in Lianhe Zaobao on 24 December 2004. It was an appeal by the petitioner (wife) against an order by the district court judge dismissing her application to rescind part of a consent order in the decree nisi granted on 27 July 2004, and to substitute a fresh order in its place. The part of the decree nisi that the petitioner sought to rescind was clause 3(b), which reads as follows:

"That upon full payment of $50,000.00 by the respondent to the petitioner, the petitioner shall transfer her share to all title, rights and interest of the matrimonial flat known as and situate at XXX entirely to the respondent. That the respondent do bear all costs and expense in the said transfer. "

The petitioner's grounds for this application were that she consented to the orders without realizing that she was a joint owner of the matrimonial flat. Her counsel on appeal submitted that had she known, she would not have consented to the sum of $50,000. She should have been, and ought to be given, at least half the value of the flat, valued at $520,000 as at 13 August 2004. The matrimonial flat was a gift by the respondent's grandmother to him as well as the petitioner. The petitioner was aware that she had a share in that flat and told her previous solicitor so. But she did not know the nature of her interest and so did not mention this aspect.

The appeal was dismissed. The Court was satisfied that the respondent had, in good faith, negotiated a settlement at arm's length, and was proceeding to make a fresh start in life. And that if there was an error, it sprang from the petitioner herself and the Court ought not to disturb.