CCMJ v. SSM formerly known as SKL

CCMJ v. SSM formerly known as SKL

The undertakings and Maintenance Order covered the extra‑curricular activities claimed; there was no contractual or order term requiring original receipts or prior consent; the father had ample opportunity since 2016 to seek clarification and his long delay and conduct estopped him from contesting scope now; Court...

Source-derived case information.

Citation
[2022] HKFC 161
Parties
Applicant (father): CCMJ; Respondent (mother): SSM formerly known as SKL
Court
Family Court
Jurisdiction
Hong Kong
Judgment Date
11 August 2022
Case Number
FCMP67/2010
Procedural Posture
Garnishee Enforcement (miscellaneous Proceedings, District Court) / Decision (garnishee Order Absolute)
Outcome
Garnishee orders nisi made absolute; costs awarded to respondent; respondent's legal aid costs to be taxed under Legal Aid Regulations.
Legal Topics
Maintenance Orders, Undertakings, Extra Curricular Expenses, Hadkinson Order, Ability to Pay, Costs
Source Language
en
Family Law Enforcement of Judgments Garnishee Proceedings Child Maintenance Maintenance Orders Undertakings Extra Curricular Expenses Hadkinson Order +2 more

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Parties

CCMJ

Applicant (father)

SSM formerly known as SKL

Respondent (mother)

Procedural Posture

Garnishee Enforcement (miscellaneous Proceedings, District Court) / Decision (garnishee Order Absolute)

Legal Issues

  1. 1 Whether expenses for extra-curricular activities fall within the 12/6/2014 undertakings and the 5/6/2015 Maintenance Order
  2. 2 Whether garnishee orders nisi should be made absolute against the father's bank accounts
  3. 3 Whether production of original receipts or prior consent was required for reimbursement of ECA expenses

Ratio Decidendi

The undertakings and Maintenance Order covered the extra‑curricular activities claimed; there was no contractual or order term requiring original receipts or prior consent; the father had ample opportunity since 2016 to seek clarification and his long delay and conduct estopped him from contesting scope now; Court of Appeal findings showed deliberate breach and capacity to pay; accordingly the garnishee orders nisi were properly made absolute and costs awarded to the respondent.

Court Disposition

Garnishee orders nisi made absolute; costs awarded to respondent; respondent's legal aid costs to be taxed under Legal Aid Regulations.

Orders

  • Garnishee Order Nisi dated 17/11/2020 in respect of CCMJ's HSBC bank account be made absolute forthwith
  • Garnishee Order Nisi dated 17/11/2020 in respect of CCMJ's Bank of China (BOC) bank account be made absolute forthwith