CCCR v. CLL

CCCR v. CLL

Allowed limited disclosure: HSBC account no.432-xxxxxx-888 statements for January 2013 to July 2014 were necessary and relevant to the remaining s17 allegations and must be produced; refused discovery of other bank accounts and all requested credit card statements as too wide, irrelevant or unnecessary; refused...

Source-derived case information.

Citation
CCCR v. CLL
Parties
Petitioner: CCCR; Respondent: CLL; 1st Intervener: CYK; 2nd Intervener: LSY; 3rd Intervener: HK
Court
Family Court
Jurisdiction
Hong Kong
Judgment Date
16 February 2016
Case Number
FCMC17824/2013
Procedural Posture
Matrimonial (ancillary Relief Disclosure Application) / Interim Disclosure Hearing and Decision (district Court)
Outcome
Partial grant: disclosure limited to HSBC account 888 for Jan 2013–Jul 2014; consented transactional documents (sales and Mercedes proceeds) to be produced; other requested bank and credit card statements and Hong Kong Garden purchase documents refused; no order as to costs.
Legal Topics
Ancillary Relief, Disclosure/discovery, Avoidance of Disposition (section 17 Mppo), Bank and Credit Card Statements, Costs
Source Language
en
Family Law Civil Procedure Property Law Ancillary Relief Disclosure/discovery Avoidance of Disposition (section 17 Mppo) Bank and Credit Card Statements Costs

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Parties

CCCR

Petitioner

CLL

Respondent

CYK

1st Intervener

LSY

2nd Intervener

HK

3rd Intervener

Procedural Posture

Matrimonial (ancillary Relief Disclosure Application) / Interim Disclosure Hearing and Decision (district Court)

Legal Issues

  1. 1 Whether bank account and credit card statements and documentary records sought are relevant, necessary and fair for determination of the Section 17 application
  2. 2 Whether the 3‑year presumption under s17 MPPO applies to the Hong Kong Garden disposition and from which date it runs
  3. 3 Whether Form A or the Petition provides adequate statutory notice for an avoidance of disposition application under s17 MPPO

Ratio Decidendi

Allowed limited disclosure: HSBC account no.432-xxxxxx-888 statements for January 2013 to July 2014 were necessary and relevant to the remaining s17 allegations and must be produced; refused discovery of other bank accounts and all requested credit card statements as too wide, irrelevant or unnecessary; refused documents relating to the Hong Kong Garden purchase because the s17 three‑year presumption runs from the date of the specific s17 application (Notice of Avoidance dated 1 December 2014) so the March 2011 transaction fell outside the presumption and placed burden on petitioner to prove intent to defeat ancillary reliefs; documents identified by consent (sales and Mercedes proceeds)...

Court Disposition

Partial grant: disclosure limited to HSBC account 888 for Jan 2013–Jul 2014; consented transactional documents (sales and Mercedes proceeds) to be produced; other requested bank and credit card statements and Hong Kong Garden purchase documents refused; no order as to costs.

Orders

  • Respondent to provide to Petitioner all HSBC bank statements for account no.432-xxxxxx-888 for the period January 2013 to July 2014 inclusive within 42 days from date of decision
  • By consent, Respondent to provide all lawyers' bills and receipts, mortgagee bank redemption schedules and bank credit records of proceeds of sale in respect of: sale of car park no.x on xx floor, The Sorrento (20 January 2012); sale of Room x, x floor, Ching Wah Court, Tsing Yi (24 May 2012); sale of Flat c, xx...