AD (aka AT) v. RT

AD (aka AT) v. RT

The court varied the 2020 order on the basis that the petitioner cannot reasonably obtain appropriate legal representation without further funding and that the respondent has the means to provide reasonable interim litigation funding and maintenance: litigation funding fixed at HK$120,000 per month from 1 October 2022; petitioner MPS set at HK$32,000 per month from 1 December 2022 to 31 March 2023 and HK$12,000 per month from 1 April 2023; interim maintenance for the child fixed at HK$42,000 per month from 1 December 2022; reasonable holiday and counselling costs included in the maintenance figures; orders backdated/effectivity and payment timetable as specified.

Citation
[2023] HKCFI 1717
Parties
Petitioner: AD (also known as AT); Respondent: RT; 1st Intervener: RET; 2nd Intervener: MT
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
3 July 2023
Case Number
HCMC1/2022
Procedural Posture
Matrimonial Causes / Variation Applications (mps/im and Litigation Funding) Heard in Chambers
Outcome
September 2020 Order varied as set out in orders below; costs order nisi entered in favour of petitioner
Legal Topics
Maintenance Pending Suit, Interim Maintenance, Litigation Funding, Variation of Consent Order, Standard of Living, Costs, Child Counselling
Source Language
EN
Family Law Matrimonial Law Child Law Civil Procedure Maintenance Pending Suit Interim Maintenance Litigation Funding Variation of Consent Order +3 more

Case Brief

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Parties

AD (also known as AT)

Petitioner

RT

Respondent

RET

1st Intervener

MT

2nd Intervener

Procedural Posture

Matrimonial Causes / Variation Applications (mps/im and Litigation Funding) Heard in Chambers

Legal Issues

  1. 1 Whether the September 2020 maintenance pending suit and interim maintenance order should be varied
  2. 2 Whether litigation funding should be increased and backdated and if the petitioner cannot reasonably obtain representation
  3. 3 Assessment of parties' reasonable needs including holiday, counselling and accommodation costs

Ratio Decidendi

The court varied the 2020 order on the basis that the petitioner cannot reasonably obtain appropriate legal representation without further funding and that the respondent has the means to provide reasonable interim litigation funding and maintenance: litigation funding fixed at HK$120,000 per month from 1 October 2022; petitioner MPS set at HK$32,000 per month from 1 December 2022 to 31 March 2023 and HK$12,000 per month from 1 April 2023; interim maintenance for the child fixed at HK$42,000 per month from 1 December 2022; reasonable holiday and counselling costs included in the maintenance figures; orders backdated/effectivity and payment timetable as specified.

Court Disposition

September 2020 Order varied as set out in orders below; costs order nisi entered in favour of petitioner

Orders

  • The respondent do pay maintenance pending suit to the petitioner for herself in the sum of HK$32,000 per month for the period from 1 December 2022 to 31 March 2023, and the sum of HK$12,000 per month with effect from 1 April 2023 until further order.
  • The respondent do pay interim maintenance to the petitioner for the child M in the sum of HK$42,000 per month with effect from 1 December 2022 until further order.