TOCG AKA CTOCG v. CKKD

TOCG AKA CTOCG v. CKKD

The husbands application to vary his undertaking was dismissed because the undertaking required maintenance of the wifes financial status quo, which includes the privileges of the Centurion Card; the stated reasons for cancellation (fee increase and under-utilisation) were insubstantial and implausible given the parties wealth and the timing amid active discovery, suggesting tactical motive; the minor savings did not justify variation given disproportionate legal costs and the absence of bona fide justification.

Citation
TOCG AKA CTOCG v. CKKD
Parties
Petitioner (wife): TOCG aka CTOCG; Respondent (husband): CKKD
Court
Family Court
Jurisdiction
Hong Kong
Judgment Date
25 September 2014
Case Number
FCMC14183/2013
Procedural Posture
Matrimonial Causes Ancillary Relief (divorce) / Interlocutory Application to Vary Undertaking (decision on Variation)
Outcome
Application dismissed
Legal Topics
Variation of Undertaking, Financial Status Quo, Credit Card Privileges, Maintenance, Disclosure, Costs, Proportionality
Source Language
EN
Family Law Matrimonial Finance Civil Procedure Interlocutory Relief Variation of Undertaking Financial Status Quo Credit Card Privileges Maintenance +3 more

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Parties

TOCG aka CTOCG

Petitioner (wife)

CKKD

Respondent (husband)

Procedural Posture

Matrimonial Causes Ancillary Relief (divorce) / Interlocutory Application to Vary Undertaking (decision on Variation)

Legal Issues

  1. 1 Whether the husband can vary his earlier undertaking to maintain the wifes financial status quo by cancelling the American Express Centurion card
  2. 2 Whether financial status quo includes privileges and benefits attached to elite charge cards
  3. 3 Whether the husbands stated commercial reason (doubling of annual fee) is a sufficient and bona fide justification for variation

Ratio Decidendi

The husbands application to vary his undertaking was dismissed because the undertaking required maintenance of the wifes financial status quo, which includes the privileges of the Centurion Card; the stated reasons for cancellation (fee increase and under-utilisation) were insubstantial and implausible given the parties wealth and the timing amid active discovery, suggesting tactical motive; the minor savings did not justify variation given disproportionate legal costs and the absence of bona fide justification.

Court Disposition

Application dismissed

Orders

  • Husbands application to vary the undertaking dismissed
  • Costs awarded to the Wife