Hong Kong Case Law: Decisions & Judgments

Topic

Assessment of income

Legal area

Court

14 Apr 2014

TWAMA also known as WAMA v. TDJ-PF

Citation

TWAMA also known as WAMA v. TDJ-PF
Court

Court of First Instance
Case number

HCMP2994/2013

The Court dismissed the leave application: given the unsatisfactory and limited evidence the trial judge permissibly adopted a broad‑brush approach, was entitled to accept the husbands evidence that no bonus was received for 2012 and to treat the housing allowance as disbursed for rent and not part of disposable income, and the exercise of discretion was not plainly wrong.
9 Nov 2010

CHAN SHU PING v. HANG ON CONSTRUCTION ENGINEERING LTD AND ANOTHER

Citation

CHAN SHU PING v. HANG ON CONSTRUCTION ENGINEERING LTD AND ANOTHER
Court

District Court
Case number

DCEC1519/2009

Court found the accident arose in the course of employment and established liability against Hang On; on the section 18 appeal the court accepted Dr Fu's expert evidence and allowed a 6% loss of earning capacity in absence of opposition; under s11(1) the pre-accident monthly income adopted was HK$17,600 (the month immediately preceding the accident); sick leave for section 10 calculation was divided by 30 days and, applying the agreed figures and court discretion under s10(5), the awards were assessed (s9 HK$76,032; s10 HK$359,509.33; s10A HK$5,510) with credit for HK$200,000 already received…
13 Sept 2004

LAML v. TCCY

Citation

LAML v. TCCY
Court

Court of Appeal
Case number

CACV75/2004

On the evidence the court reduced the husband's monthly income assessment from HK$35,000 to HK$30,000, held that business expense reimbursements could not be treated as personal income without detailed inquiry, applied a broad brush approach to interim maintenance and varied the order to require the husband to pay HK$8,000 per month to each child.
18 Jul 2003

CHU WO HEUNG AND ANOTHER v. HUI LAI WA AND OTHERS

Citation

CHU WO HEUNG AND ANOTHER v. HUI LAI WA AND OTHERS
Court

Court of First Instance
Case number

HCPI952/1996

Judge found on the evidence that the deceased's reliable net trucking income was HK$26,400 per month, assessed loss of dependency at HK$16,000 per month, adopted a multiplier of 14, awarded specified pre and post assessment sums for dependency and accumulation, refused to adopt the IRD Asset Betterment Method and held that alleged illegal or unproven businesses could not underpin pecuniary loss claims.
4 Nov 1986

YUNG SAU MAN v. YUNG YEUNG SIU MEI

Citation

YUNG SAU MAN v. YUNG YEUNG SIU MEI
Court

Court of Appeal
Case number

CACV126/1986

The Court upheld the trial judge's inference that the Appellant's true earnings were materially higher than declared (assessed at approximately $3,900/month) and upheld the refusal to order a lump sum because the Appellant had no realizable capital and was indebted; but reduced the periodical maintenance ordered from $750 to $600 per month because the judge's calculation of the Respondent's bare minimum outgoings could not stand as assessed.

Hong Kong Case Law

TWAMA also known as WAMA v. TDJ-PF

CHAN SHU PING v. HANG ON CONSTRUCTION ENGINEERING LTD AND ANOTHER

LAML v. TCCY

CHU WO HEUNG AND ANOTHER v. HUI LAI WA AND OTHERS

YUNG SAU MAN v. YUNG YEUNG SIU MEI