WGL v. ASB

WGL v. ASB

The Mother failed to discharge the burden under the Currey principles to show she could not reasonably procure legal advice and representation by other means; her financial disclosure was unsatisfactory in particular concerning transfers totalling about HK$13.7m and other assets/liabilities; the costs estimate of HK$2.2m was excessive and disproportionate for a 3-day trial; consequently the court refused to exercise its discretion to order the funding and dismissed the Mother's summonses, reserving costs.

Citation
WGL v. ASB
Parties
Applicant (mother): WGL; Respondent (father): ASB
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 November 2017
Case Number
HCMP489/2013
Procedural Posture
Guardianship/child Maintenance Variation Under Guardianship of Minors Ordinance (cap.13) / Interim Application for Litigation Funding Prior to 3 Day Trial (pre Trial)
Outcome
Mother's summonses for litigation funding dismissed; costs reserved
Legal Topics
Litigation Funding, Costs Allowance, Variation of Periodical Payments, Disclosure and Accounting, Trust Accounting and Beddoe Principle, Jurisdiction Under S10(2) GMO and Schedule 1 Analogies
Source Language
EN
Family Law Children Law Trusts and Fiduciary Duties Civil Procedure Costs and Litigation Funding Litigation Funding Costs Allowance Variation of Periodical Payments +3 more

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Parties

WGL

Applicant (mother)

ASB

Respondent (father)

Procedural Posture

Guardianship/child Maintenance Variation Under Guardianship of Minors Ordinance (cap.13) / Interim Application for Litigation Funding Prior to 3 Day Trial (pre Trial)

Legal Issues

  1. 1 Whether the court should consider the mother's personal means when deciding an application for litigation funding made ostensibly for the child's benefit
  2. 2 Whether a mother acting in a trustee or quasi-representative capacity is excused from deploying personal or available resources to fund litigation
  3. 3 Whether the mother made full and frank financial disclosure, in particular in relation to transfers totalling about HK$13.7m and sources/uses of funds

Ratio Decidendi

The Mother failed to discharge the burden under the Currey principles to show she could not reasonably procure legal advice and representation by other means; her financial disclosure was unsatisfactory in particular concerning transfers totalling about HK$13.7m and other assets/liabilities; the costs estimate of HK$2.2m was excessive and disproportionate for a 3-day trial; consequently the court refused to exercise its discretion to order the funding and dismissed the Mother's summonses, reserving costs.

Court Disposition

Mother's summonses for litigation funding dismissed; costs reserved

Orders

  • Dismissed the Mother's summonses issued 3 August 2017 and 11 October 2017
  • Costs reserved