SUSAN ELIZABETH HORTON v. GERARD FANCIS HORTON AND ANOTHER

SUSAN ELIZABETH HORTON v. GERARD FANCIS HORTON AND ANOTHER

Court applied the standard of reasonableness and needs, discounted the wife's claimed expenditures (finding July/August figures inflated by children's presence and legal costs), declined to treat potential trust entitlements as available, and awarded interim maintenance of HK$28,000 per month backdated to 1 September 1983.

Citation
SUSAN ELIZABETH HORTON v. GERARD FANCIS HORTON AND ANOTHER
Parties
Petitioner: Susan Elizabeth Horton; 1st Respondent: Gerard Francis Horton; 2nd Respondent: Geraldine Felicia Viola
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
16 November 1983
Case Number
HCMC19/1983
Procedural Posture
Divorce / Interim Maintenance Application
Outcome
Interim maintenance granted to petitioner.
Legal Topics
Interim Maintenance, Maintenance Pending Suit, Financial Disclosure, Trust Distributions, Assets and Income, Legal Costs
Source Language
EN
Family Law Matrimonial Law Trusts Civil Procedure Interim Maintenance Maintenance Pending Suit Financial Disclosure Trust Distributions +2 more

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Parties

Susan Elizabeth Horton

Petitioner

Gerard Francis Horton

1st Respondent

Geraldine Felicia Viola

2nd Respondent

Procedural Posture

Divorce / Interim Maintenance Application

Legal Issues

  1. 1 Whether interim maintenance should be awarded pending suit
  2. 2 What income and assets may be taken into account for interim maintenance
  3. 3 Whether potential trust entitlements should be treated as available income

Ratio Decidendi

Court applied the standard of reasonableness and needs, discounted the wife's claimed expenditures (finding July/August figures inflated by children's presence and legal costs), declined to treat potential trust entitlements as available, and awarded interim maintenance of HK$28,000 per month backdated to 1 September 1983.

Court Disposition

Interim maintenance granted to petitioner.

Orders

  • 1st respondent to pay petitioner HK$28,000 per month as interim maintenance, operative from 1 September 1983
  • Arrears for September and October to be paid forthwith