Hong Kong Case Law: Decisions & Judgments

Topic

Assessment of needs and resources

Legal area

Court

29 Nov 2022

ZQA AND OTHERS v. SCC (sued as Executor and Beneficiary of the Estate of the Deceased) AND OTHERS

Citation

[2022] HKFC 254
Court

Family Court
Case number

FCMP63/2017

Court found applicants were maintained by the deceased and that significant post‑will payments to Madam Z were testamentary in purpose, but Madam Z had substantial disclosed and undisclosed resources, had not been credible and should not receive provision from the estate; children were entitled to reasonable maintenance paid from the estate: lump sums HKD1,260,000 (Daughter One) and HKD1,980,000 (Daughter Two) to be paid into court and invested with monthly payments of HKD15,000 each until majority. Net estate for purposes of the claim was ascertained at HKD12,897,260 (after adjustments). Cos…
13 Nov 2019

龙對陈

Citation

[2019] HKFC 278
Court

Family Court
Case number

FCMC2804/2017

Court accepted applicant's account of the marriage standard and found respondent had greater earning capacity and access to assets (including undisclosed investment balances). Court rejected respondent's assertion that childcare duties justified permanent withdrawal from full‑time work and characterised his conduct as avoidance of financial responsibility. On balance of needs and resources the respondent was capable of paying maintenance; ordered interim monthly maintenance of HK$2,000 payable from 1 December 2019 into applicant's nominated bank account, continuing until the earlier of the ye…
24 Sept 2005

H v. L

Citation

H v. L
Court

Family Court
Case number

FCMC9565/2002

The court concluded the disputed bank deposits were held on trust for the husband's parents and were returned to them, so they are not matrimonial assets; the wife's earning capacity and substantial prior maintenance payments, the short six-year childless marriage and that much of the husband's wealth was acquired after separation justified a clean-break lump sum award of HK$144,000 (payable by instalments) in addition to maintenance already paid (HK$754,080); the husband's adultery was not "obvious and gross" to alter ancillary relief; costs to the wife to be assessed (order nisi).
31 Dec 1977

YEUNG WONG YUEN WAH v. YEUNG YING WING

Citation

YEUNG WONG YUEN WAH v. YEUNG YING WING
Court

Family Court
Case number

FCMC477/1972

The Registrar held that despite foreseeability the wording of the original Order permitted variation if Petitioner and children’s needs had changed; on the evidence of increased needs (notably schooling) and the Respondent's enhanced means the Order should be varied. The Registrar increased the Petitioner's monthly personal allowance to $7,000 and ordered separate monthly payments for the children totaling $8,000 (Timothy $4,500; Tessa $2,000; Andrew $1,500), leaving total payments of $15,000 per month ($180,000 p.a.), retained payment to the Petitioner, left other terms unchanged, and grante…

Hong Kong Case Law

ZQA AND OTHERS v. SCC (sued as Executor and Beneficiary of the Estate of the Deceased) AND OTHERS

龙 對 陈

H v. L

YEUNG WONG YUEN WAH v. YEUNG YING WING

龙對陈