Hong Kong Case Law: Decisions & Judgments

Topic

Ancillary relief in divorce

Legal area

Court

7 Mar 2025

深圳澳銀天使創業投資企業 (有限合伙) AND ANOTHER v. LIU XIAOLONG AND ANOTHER

Citation

[2025] HKCFI 959
Court

Court of First Instance
Case number

HCMP1801/2023

Court found plaintiffs demonstrated a good arguable case and real risk of dissipation by the 1st and 2nd defendants; continued and granted a Mareva injunction against the 1st defendant up to RMB 11,897,850.91; refused to vary the Mareva injunction to permit maintenance payments absent cogent evidence; granted a Chabra injunction against the 2nd defendant limited to the 1st defendant's half share of the property with specified relaxations (rental income allowed) and procedural steps to agree final wording; dismissed the 2nd defendant's summons and made costs orders on a nisi basis.
24 Jun 2024

WONG MAN SHING v. YEUNG KONG PAN AND OTHERS

Citation

[2024] HKDC 790
Court

District Court
Case number

DCCJ6393/2019

The Plaintiff failed to prove a common intention constructive trust in his favour because the contemporaneous 1991 handwritten declaration and the surrounding conduct established that the beneficial interests in the Flats were intended for the sons; the Plaintiff's oral account lacked corroboration and his credibility was impaired; consequential claims (knowing receipt, dishonest assistance, sham, rental claims) therefore did not arise. Accordingly declarations were made that D2 is sole beneficial owner of Flat 5A and D3 is sole beneficial owner of Flat 6A and the Plaintiff's claims were dism…
12 Mar 2024

YB v. LX

Citation

[2024] HKCA 238
Court

Court of Appeal
Case number

CAMP281/2023

The Court refused leave to appeal because the husband failed to show the judge’s discretionary decision to continue paragraph 2.2 of the injunction was plainly wrong: material non-disclosure by the wife was found but the judge permissibly exercised her discretion to continue the injunction to prevent dissipation of matrimonial assets given the unilateral sale and unexplained handling of the deposit; therefore there was no arguable prospect of success on appeal.
7 Sept 2012

CHAN YEUK MING v. HONG KONG HOUSING AUTHORITY

Citation

CHAN YEUK MING v. HONG KONG HOUSING AUTHORITY
Court

Court of First Instance
Case number

HCAL25/2012

The Divorced Couples Policy is constitutionally valid: it pursues the legitimate aim of fair allocation of scarce public housing resources, the custody-based preference and requirement for CMT/DPT for additional allocations are rationally connected and proportionate, and differential treatment of a non-custodial divorcee does not amount to unlawful discrimination; disputes about financial fairness and transfer of means belong to ancillary relief in the Family Court, not to HA policy administration.
1 Nov 2006

YUNG YUEN LING ALICE v. WONG MING KAN MICHAEL

Citation

YUNG YUEN LING ALICE v. WONG MING KAN MICHAEL
Court

Court of First Instance
Case number

HCA231/2004

The court ordered payment of $360,500 from the assets subject to the Mareva injunction to the Director of Legal Aid because there was insufficient evidence that the defendant had other assets, practical common sense indicated ancillary relief would likely allocate to the defendant an amount exceeding the legal aid costs, and payment served the plaintiff's interests by allowing release of security; other summonses were adjourned for updated evidence and discovery ruling was reserved.
2 Sept 1988

HEUN SOOK JONG v. STEPHEN HENRY MILLER

Citation

HEUN SOOK JONG v. STEPHEN HENRY MILLER
Court

Court of First Instance
Case number

HCA3993/1985

The husband failed to establish that the transfers were intended by both parties to satisfy the judgment debt; absent mutual agreement that the transfers discharged the debt, the judgment remained unsatisfied and the declaratory and injunctive relief must be refused.

Hong Kong Case Law

深圳澳銀天使創業投資企業 (有限合伙) AND ANOTHER v. LIU XIAOLONG AND ANOTHER

WONG MAN SHING v. YEUNG KONG PAN AND OTHERS

YB v. LX

CHAN YEUK MING v. HONG KONG HOUSING AUTHORITY

YUNG YUEN LING ALICE v. WONG MING KAN MICHAEL

HEUN SOOK JONG v. STEPHEN HENRY MILLER