FCMC 11521 / 2015

[2024] HKFC 219

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MATRIMONIAL CAUSES

NO. 11521 OF 2015

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REASONS FOR DECISION
(H’s Application for adjournment of Trial)

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1. Today is the first day of the trial on ancillary relief dispute and preliminary issue (the “ Trials ”). This court was informed that the 1 ^st Respondent (“ H ”) applied by letter (“ the Letter ”) for an adjournment of the Trial on medical grounds. He enclosed with the Letter a sick leave certificate issued by Dr Chan of Hong Kong Adventist Hospital stating that H has received examination / treatment on 29 November 2024. The diagnosis is left sciatica and that H should be off from 29 November 2024 to 6 December 2024 (inclusive) (“ Sick Leave Certificate ”).

2. H and the 2 ^nd Respondent (“ ZL ”), who are acting in person, are absent today. ZL had not participated in the proceedings since early 2023. She had not filed any pleadings nor evidence in the preliminary issues.

3. The Petitioner (“ W ”) opposed to H’s application for adjournment.

4. Having considered the Letter and the Sick Leave Certificate and heard the submission made by Mr Nagpal (with Ms Cheng), counsel for W, I agreed with Mr Nagpal that H has not adduced sufficient evidence to justify an adjournment of the Trials. At the end of the hearing, I made the following orders:

4.1. The Trials be adjourned to 4 December 2024 and personal attendance of all parties are required.

4.2. If H intends to seek adjournment of the Trials for medical reasons, he shall lodge and serve prior to the adjourned hearing medical evidence for the court’s consideration by producing a medical report prepared by a medical practitioner registered in Hong Kong certifying:

(1) detailed diagnosis of H’s medical condition;

(2) that H is unable to attend the Trials because of his medical condition;

(3) any ameliorative measures can be taken to accommodate H’s physical condition for his attendance at the Trials, and if no such measures, why not; and

(4) if it is opined that H is unfit to attend the Trials due to his medical condition, the likely time frame for his recovery and attendance at the Trial.

4.3. Costs of today’s hearing be reserved.

5. I now set out the reasons.

6. The trial dates are milestones dates. A court will only vary a milestone date if there are exceptional circumstances justifying the variation: Ru