WGL v. ASB

WGL v. ASB

Where, as a matter of fact, a specific component of an ordered periodical payment (the housing component of HK$150,000) has ceased to be payable by the recipient from a defined date and that fact is not disputed, the court may suspend that component under s10(4) pending trial; accordingly payment of the housing component was suspended from 1 August 2017 and the father ordered to continue paying the remaining budgeted sum for general and personal expenses (HK$140,000 plus CPI) until further order.

Citation
WGL v. ASB
Parties
Applicant (father): WGL; Respondent (mother): ASB
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
8 September 2017
Case Number
HCMP489/2013
Procedural Posture
Guardianship/child Maintenance Under Guardianship of Minors Ordinance / Interim/suspension Application Decided (chambers Decision)
Outcome
Interim relief granted in part: housing component suspended; father ordered to pay reduced monthly amount for general and personal expenses pending trial; costs reserved.
Legal Topics
Interim Variation, Suspension of Maintenance, Index‑linking, Variation Procedure, Broad‑brush Interim Assessment
Source Language
EN
Family Law Child Maintenance Guardianship Law Interim Variation Suspension of Maintenance Index‑linking Variation Procedure Broad‑brush Interim Assessment

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Parties

WGL

Applicant (father)

ASB

Respondent (mother)

Procedural Posture

Guardianship/child Maintenance Under Guardianship of Minors Ordinance / Interim/suspension Application Decided (chambers Decision)

Legal Issues

  1. 1 Whether the housing and utilities component of the periodical maintenance order should be suspended pending trial
  2. 2 Whether the father could rely on the mother's prior settlement proposal for an interim reduction ('cherry picking')
  3. 3 Whether urgency or a 'broad brush' interim approach was required to vary maintenance

Ratio Decidendi

Where, as a matter of fact, a specific component of an ordered periodical payment (the housing component of HK$150,000) has ceased to be payable by the recipient from a defined date and that fact is not disputed, the court may suspend that component under s10(4) pending trial; accordingly payment of the housing component was suspended from 1 August 2017 and the father ordered to continue paying the remaining budgeted sum for general and personal expenses (HK$140,000 plus CPI) until further order.

Court Disposition

Interim relief granted in part: housing component suspended; father ordered to pay reduced monthly amount for general and personal expenses pending trial; costs reserved.

Orders

  • Payment of the monthly sum of HK$150,000 for housing suspended from 1 August 2017 until further order
  • Father to continue to pay the Mother HK$140,000 per month plus CPI increases for the child's general and personal expenses until further order