CL v. LWP

CL v. LWP

The court held that the Husband successfully rebutted the s17 presumption in respect of (a) the transfer of his interest in the Luen Wai property to his daughter (genuine transfer related to her forthcoming marriage) and (b) the HK$280,000 (spent as wedding/jia zhuang expenses), therefore the Section 17 application fails; the matrimonial asset pool was assessed at HKD 8,940,000 and the sharing principle applied equally (50:50); ancillary reliefs were ordered by way of transfer of Husband's interests in Sun On and Wuhan properties to Wife and a lump sum equalization payment of HKD 192,000; no periodical maintenance order for the child at this stage.

Citation
CL v. LWP
Parties
Petitioner (wife): CL; Respondent (husband): LWP; 1st Intervener (mother in Law): LLH; 2nd Intervener (daughter of Husband): LWT
Court
Family Court
Jurisdiction
Hong Kong
Judgment Date
12 February 2016
Case Number
FCMC16222/2012
Procedural Posture
Matrimonial/divorce (section 17 and Ancillary Reliefs) / Trial and Judgment (deputy District Judge)
Outcome
Section 17 application dismissed in respect of the contested disposals; Ancillary reliefs granted in part with property transfers and lump sum equalization; Section 18 declaration granted; costs orders in favour of Respondent.
Legal Topics
Section 17 MPPO Setting Aside Dispositions, Section 7 MPPO Division of Assets/sharing Principle, Section 4/5/6/6 a MPPO Financial and Property Orders, Section 18 Declaration, Costs and Disclosure/duty of Full Financial Disclosure
Source Language
EN
Family Law Matrimonial Property Ancillary Reliefs Civil Procedure Section 17 MPPO Setting Aside Dispositions Section 7 MPPO Division of Assets/sharing Principle Section 4/5/6/6 a MPPO Financial and Property Orders Section 18 Declaration +1 more

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Parties

CL

Petitioner (wife)

LWP

Respondent (husband)

LLH

1st Intervener (mother in Law)

LWT

2nd Intervener (daughter of Husband)

Procedural Posture

Matrimonial/divorce (section 17 and Ancillary Reliefs) / Trial and Judgment (deputy District Judge)

Legal Issues

  1. 1 Whether disposals/transfers and cash payments were made with intent to defeat Wife's ancillary reliefs under s17 MPPO
  2. 2 Whether statutory presumption under s17 was rebutted by Husband
  3. 3 What assets form the matrimonial pool and proper application of s7 sharing principle

Ratio Decidendi

The court held that the Husband successfully rebutted the s17 presumption in respect of (a) the transfer of his interest in the Luen Wai property to his daughter (genuine transfer related to her forthcoming marriage) and (b) the HK$280,000 (spent as wedding/jia zhuang expenses), therefore the Section 17 application fails; the matrimonial asset pool was assessed at HKD 8,940,000 and the sharing principle applied equally (50:50); ancillary reliefs were ordered by way of transfer of Husband's interests in Sun On and Wuhan properties to Wife and a lump sum equalization payment of HKD 192,000; no periodical maintenance order for the child at this stage.

Court Disposition

Section 17 application dismissed in respect of the contested disposals; Ancillary reliefs granted in part with property transfers and lump sum equalization; Section 18 declaration granted; costs orders in favour of Respondent.

Orders

  • Within 90 days from date of judgment the Respondent transfer all his legal and beneficial interests in Flat x on x Floor, Sun On Building, 490 Queen's Road West (Sun On Property) to the Petitioner at nil consideration
  • Within 90 days from date of judgment the Respondent complete transfer of all his legal and beneficial interests in Wuhan Property to the Petitioner at nil consideration