H v. H

H v. H

The consent order is to be read with the solicitors' correspondence (the matrix of fact); the respondent must transfer all items on the original warehouse inventory except those expressly excluded by the 2 March 1981 letter; where specific goods are missing the respondent must either deliver them or pay their assessed current value (with appropriate deductions); the respondent's undertaking to pay shipping costs extends to reasonable costs incidental to shipping (including removal from store to ship and delivery to petitioner's Hong Kong home) but does not cover unrelated inspection costs or storage for delays the respondent did not cause.

Citation
H v. H
Parties
Petitioner: H.; Respondent: H.
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
22 June 1983
Case Number
HCA53/1980
Procedural Posture
Divorce Ancillary Relief (consent Order) / Chambers Application for Directions Under Liberty to Apply Following Consent Order
Outcome
Application allowed in part: court construed the consent order in accordance with solicitors' correspondence and made directions for delivery or payment of values, allocation of shipping costs, and costs between the parties; 28 days granted for compliance.
Legal Topics
Consent Order Interpretation, Undertaking to Pay Shipping Costs, Identification and Valuation of Chattels, Remedies for Non Compliance, Costs and Appeals
Source Language
EN
Family Law Matrimonial Property Civil Procedure Contract Interpretation Enforcement of Undertakings Consent Order Interpretation Undertaking to Pay Shipping Costs Identification and Valuation of Chattels +2 more

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Parties

H.

Petitioner

H.

Respondent

Procedural Posture

Divorce Ancillary Relief (consent Order) / Chambers Application for Directions Under Liberty to Apply Following Consent Order

Legal Issues

  1. 1 What the consent order of 18 May 1981 required the respondent to transfer
  2. 2 Whether the respondent's undertaking to pay shipping costs extended to all disputed items and which costs are recoverable
  3. 3 Whether items removed prior to the order were excluded by the solicitors' correspondence of 2 March 1981

Ratio Decidendi

The consent order is to be read with the solicitors' correspondence (the matrix of fact); the respondent must transfer all items on the original warehouse inventory except those expressly excluded by the 2 March 1981 letter; where specific goods are missing the respondent must either deliver them or pay their assessed current value (with appropriate deductions); the respondent's undertaking to pay shipping costs extends to reasonable costs incidental to shipping (including removal from store to ship and delivery to petitioner's Hong Kong home) but does not cover unrelated inspection costs or storage for delays the respondent did not cause.

Court Disposition

Application allowed in part: court construed the consent order in accordance with solicitors' correspondence and made directions for delivery or payment of values, allocation of shipping costs, and costs between the parties; 28 days granted for compliance.

Orders

  • Respondent to deliver the George III writing table (desk) to the petitioner or pay its assessed current value of US$7,000 or the Hong Kong dollar equivalent at today's rate; delivery in New York shall suffice as compliance.
  • Respondent to deliver or pay for other specified missing items listed in the judgment; where items are found missing the respondent must pay the assessed value less one-third for wear and tear (unless respondent supplies identical goods or cheaper substitutes of equivalent quality).