Hong Kong Case Law

梁 對 陳

Court

Court of Appeal

Case number

CAMP127/2024

The applicant’s roughly 17‑month unexplained delay is excessive and unjustified and, on the merits, the proposed appeal has no real prospect of success because the trial judge’s interim maintenance decision was a permissible exercise of judicial discretion supported by the applicant’s own recorded admissions about income and willingness to pay; accordingly the court properly refused to grant leave out of time and declined to exercise discretion to permit the late appeal.

Source excerpt

• Interim maintenance
• Leave to appeal
• Extension of time
• Judicial discretion
• Costs

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WHW v. CWK

Court

Family Court

Case number

FCMC16044/2009

The court varied a maintenance order in part, keeping the wife’s payment at HK$33,000 monthly and increasing the child’s maintenance from HK$37,000 to HK$39,000.

• Variation of periodical payments
• Earning capacity
• Apportionment of child and spousal maintenance
• Disclosure and imputation of income
• Variation-of-periodical-payments
• Maintenance-orders

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SUZANNE RUTH HENDERSON v. SCOTT HENDERSON

Court

Court of First Instance

Case number

HCMP1780/2013

The Court of First Instance continued a stop-gap worldwide Mareva injunction, keeping CAD803,610.50 frozen and barring salary withdrawals pending decision on the summons.

• Registration and enforcement of foreign maintenance order
• Worldwide mareva injunction
• Interim relief
• Asset freezing
• Provision for living expenses
• Legal representation funding

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C v. L

Court

Family Court

Case number

FCJA1467/2001

The court varied maintenance after a de novo assessment, imputing income to the Wife, reducing the monthly order to $10,000, and recalculating arrears to $160,200.

• Variation of maintenance orders
• Periodical payments
• Notional income
• Financial disclosure
• Set-off of overpayment
• Committal for non-payment

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