胡 對 蔣

胡 對 蔣

The prior delay for the son's education had been effectively honored and the son had ceased full‑time tertiary study and repeatedly failed to obtain medical admission; the wife's housing and financial needs could be met from her substantial share of sale proceeds and by available maintenance provisions; therefore it...

Source-derived case information.

Citation
胡 對 蔣
Parties
Applicant: 胡; Respondent: 蔣
Court
Family Court
Jurisdiction
Hong Kong
Judgment Date
21 February 2017
Case Number
FCMC14129/2005
Procedural Posture
Divorce/matrimonial Property / Interim Application Hearing for Further Order Re Sale of Property
Outcome
Further order for sale of the former matrimonial home granted with conditions
Legal Topics
Sale of Matrimonial Property, Consent Order Variation, Occupation and Vacant Possession, Maintenance/financial Provision
Source Language
ch
Family Law Property Law Civil Procedure Sale of Matrimonial Property Consent Order Variation Occupation and Vacant Possession Maintenance/financial Provision

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Parties

Applicant

Respondent

Procedural Posture

Divorce/matrimonial Property / Interim Application Hearing for Further Order Re Sale of Property

  1. 1 Whether the 2011 undertaking to delay sale until the son completed studies remained binding or appropriate
  2. 2 Whether the housing needs of the wife and son justify restraining sale
  3. 3 Whether the wife's financial position warrants postponement of sale or alternative relief

Ratio Decidendi

The prior delay for the son's education had been effectively honored and the son had ceased full‑time tertiary study and repeatedly failed to obtain medical admission; the wife's housing and financial needs could be met from her substantial share of sale proceeds and by available maintenance provisions; therefore it was just and appropriate to order sale with conditions. The court exercised its power under Cap.192 s.6A to make a further order requiring vacant possession within six months and sale at market price not below HKD5,300,000 with proceeds distributed under the 2008 consent order.

Court Disposition

Further order for sale of the former matrimonial home granted with conditions

Orders

  • Wife to vacate the former matrimonial home and deliver vacant possession within 6 months of this order, i.e. on or before 21 August 2017
  • Property to be sold at market price but not less than HKD5,300,000