FCP v. CJLY

FCP v. CJLY

The court refused the Wife's broad application for specific discovery of virtually all JHL documents and extensive explanations of numerous personal transactions as disproportionate and unnecessary at this stage, but directed the Husband to have his accountants explain the turnover discrepancy in writing within one...

Source-derived case information.

Citation
FCP v. CJLY
Parties
Petitioner (wife): FCP; Respondent (husband): CJLY
Court
Family Court
Jurisdiction
Hong Kong
Judgment Date
3 January 2014
Case Number
FCMC6202/2012
Procedural Posture
Matrimonial Ancillary Relief Specific Discovery Application / Discovery Application Pre FDR (interim Hearing and Directions)
Outcome
Application partly refused with limited directions
Legal Topics
Specific Discovery, Disclosure Obligations, Form E, Ancillary Relief, Asset Valuation, Production of Company Documents, Proportionality of Disclosure
Source Language
en
Family Law Matrimonial Finance Civil Procedure Company Law Cross Border Asset Tracing Specific Discovery Disclosure Obligations Form E +4 more

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Parties

FCP

Petitioner (wife)

CJLY

Respondent (husband)

Procedural Posture

Matrimonial Ancillary Relief Specific Discovery Application / Discovery Application Pre FDR (interim Hearing and Directions)

Legal Issues

  1. 1 Whether the Wife is entitled to specific discovery of extensive company and personal financial documents of the Husband (including JHL and related entities)
  2. 2 Whether the Husband has failed to make proper financial disclosure in Form E
  3. 3 Whether the court should 'go behind' audited company accounts and order production of primary documents

Ratio Decidendi

The court refused the Wife's broad application for specific discovery of virtually all JHL documents and extensive explanations of numerous personal transactions as disproportionate and unnecessary at this stage, but directed the Husband to have his accountants explain the turnover discrepancy in writing within one month and ordered production of documents relating to the French proceedings (JLL SARL) within 14 days of receipt; credit card and outstanding bank statements already provided and costs to be in the cause (order nisi).

Court Disposition

Application partly refused with limited directions

Orders

  • Wife's application for wide specific discovery against JHL and for detailed explanations of numerous personal transactions refused as disproportionate and unnecessary at this stage
  • Husband to have his accountants explain in writing the turnover discrepancy within 1 month