Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Ability to pay
  • 9 Apr 2026

    RE SIT WAI

    Citation
    [2026] HKCFI 1941
    Court
    Court of First Instance
    Case number
    HCB9798/2025

    The Mainland judgment, being duly registered and the subject of an uncomplied statutory demand, established the petitioning debt; the debtor admitted indebtedness but failed to demonstrate ability to pay or provide a concrete, particularized proposal to discharge or secure the debt; accordingly the court was obliged to make the usual bankruptcy order.

  • 6 Aug 2024

    T, RH v. K, CS

    Citation
    [2024] HKFC 151
    Court
    Family Court
    Case number
    FCMC8704/2023

    The court accepted the petitioner father's current undertakings as reasonable; quantified additional interim reasonable needs of the mother and children at HK$447,432 per month; found the father has ability to make direct monetary contribution up to HK$250,000 per month in addition to the undertakings and that the mother has material resources (including annuity HK$65,000/month and approximately HK$16,000,000 held by the father); therefore the court ordered an equal sharing of interim reasonable needs, directing the father to pay HK$225,000 per month (HK$75,000 to the mother and HK$75,000 to…

  • 28 Mar 2024

    C, N v. L, W

    Citation
    [2024] HKFC 62
    Court
    Family Court
    Case number
    FCMC3765/2022

    On a broad‑brush balancing of the children's interim reasonable needs and the parties' financial resources, and having found the Father's disclosure and claimed infirmity unsupported, the court varied the Master's interim maintenance order from HK$18,000 to HK$13,000 per month (HK$6,500 each) as reasonable and within the Father's ability to pay, with payments to the Mother's HSBC account and no order as to costs.

  • 1 Mar 2024

    HKSAR v. CHAN KI FUNG

    Citation
    [2024] HKCFI 664
    Court
    Court of First Instance
    Case number
    HCCC196/2021

    The court exercised its discretion to award the prosecution the quantified costs of preparing written submissions ($3,280.00) because those costs were incurred and not disputed, but limited the award by the defendant's means and excluded any costs for an unnecessary hearing; accordingly the defendant was ordered to pay $3,280.00 within six months.

  • 16 Feb 2024

    LCTD v. CKMC

    Citation
    [2024] HKFC 31
    Court
    Family Court
    Case number
    FCMC6340/2018

    The judge applied the statutory power under s.3 MPPO and the established interim maintenance principles: accepted the husband’s reasonable monthly needs (HK$130,000) and his current earnings (HK$30,000) producing a shortfall of ~HK$100,000, and found the wife has sufficient means such that an interim award should be made; on LCP the judge limited the quantum because the beneficial ownership/value of key assets was disputed and the SJE report reduced the valuation, so awarded a focused LCP to cover the imminent June 2024 preliminary trial (30% of claimed costs up to that hearing) resulting in…

  • 24 Nov 2023

    CSF v. HYC

    Citation
    [2023] HKFC 231
    Court
    Family Court
    Case number
    FCMC12661/2014

    There was a material change of circumstances since the 2015 consent order; the court assessed the child's needs de novo, found reasonable monthly needs while residing with the mother to be HK$15,100 and estimated tertiary-stage needs (overseas) at HK$27,130 per month; parties are ordered to share those needs equally; backdating and the mother's tax-related claims were dismissed due to lack of entitlement and material non-disclosure by the mother did not justify retrospective relief.

  • 24 Nov 2023

    MA CHING YEUNG PHILIP v. CHIN WAI YEE WINNIE

    Citation
    [2023] HKFC 198
    Court
    Family Court
    Case number
    FCMC11432/2018

    The court found, on the criminal standard, that the Petitioner had or had had means to pay the LCA (including realizable value in pledged shares or ability to force sale by ceasing interest payments, residual value or sale of the Watches and unused KC loan facility and the HK$1.5m receipt) and deliberately chose to prioritise other creditors rather than satisfy the LCA Order; the defence of impossibility and the argument about the jointly owned UK property did not absolve him; a sealed penal notice was personally served on 13 January 2023 so punishment is limited to breaches after that date;…

  • 31 Oct 2023

    劉照英 對 珀譽珠寶有限公司

    Citation
    [2023] HKCA 1243
    Court
    Court of Appeal
    Case number
    CACV417/2022

    Statutory requirements for the bankruptcy petition were met (debt >= HKD10,000; statutory demand served and not complied with; debtor deemed unable to pay under s6A), the petition was valid notwithstanding the contested valuation of charged shares because petitioner waived the charge if bankruptcy were made, and the debtor failed to adduce evidence to rebut the presumption of inability to pay; therefore the Court of Appeal will not disturb the exercise of discretion to make the bankruptcy order.

  • 19 Oct 2023

    HYM v. LKK

    Citation
    [2023] HKFC 209
    Court
    Family Court
    Case number
    FCMC7571/2022

    On a broad brush assessment the petitioner was not wholly financially dependent and has earning capacity beyond the claimed HK$2,000; she failed to prove entitlement to litigation funding under the Currey test; respondent demonstrated ability to pay a limited sum for accommodation and utilities; therefore a limited MPS of HK$16,500 per month was reasonable and ordered pending further order; costs of the summons reserved (costs order nisi to be made absolute in 14 days if not varied).