MWY v. HWM

MWY v. HWM

Leave to appeal was refused because the husband failed to show any reasonable prospect of success: the judge properly exercised discretion by considering the needs of the wife and children, the parties’ financial resources, the husband’s late and incomplete disclosure which warranted adverse assumptions about his...

Source-derived case information.

Citation
MWY v. HWM
Parties
Petitioner (wife): MWY; Respondent (husband): HWM
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
16 May 2017
Case Number
HCMP120/2017
Procedural Posture
Divorce/family Maintenance Pending Suit / Renewed Application for Leave to Appeal in the Court of Appeal
Outcome
Application for leave to appeal refused
Legal Topics
Maintenance Pending Suit, Discretionary Relief, Full and Frank Disclosure, Leave to Appeal, Backdating of Maintenance, Sale of Matrimonial Property, Taxation of Costs
Source Language
en
Family Law Civil Procedure Matrimonial Property Costs Maintenance Pending Suit Discretionary Relief Full and Frank Disclosure Leave to Appeal +3 more

Source-derived case record

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Parties

MWY

Petitioner (wife)

HWM

Respondent (husband)

Procedural Posture

Divorce/family Maintenance Pending Suit / Renewed Application for Leave to Appeal in the Court of Appeal

Legal Issues

  1. 1 Whether leave to appeal should be granted against an order for maintenance pending suit
  2. 2 Whether the judge wrongly exercised discretion in ordering HK$45,000 per month maintenance and backdating it
  3. 3 Whether the husband’s non-disclosure justified the judge’s assumptions about his income

Ratio Decidendi

Leave to appeal was refused because the husband failed to show any reasonable prospect of success: the judge properly exercised discretion by considering the needs of the wife and children, the parties’ financial resources, the husband’s late and incomplete disclosure which warranted adverse assumptions about his income, and there was no live issue about sale of the property as the husband did not appeal that dismissal; costs and backdating were within the judge’s discretion.

Court Disposition

Application for leave to appeal refused

Orders

  • Application for leave to appeal dismissed with costs to the wife summarily assessed at HK$60,000 (of which HK$40,000 is counsel's fee)
  • The wife’s own costs shall be taxed in accordance with the Legal Aid Regulations