Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Assessment of reasonable needs

  • 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…

  • 30 Nov 2022

    HKW v. YYC

    Citation
    [2022] HKFC 253
    Court
    Family Court
    Case number
    FCMC3123/2021

    On broad brush assessment the Wife and Child's reasonable monthly needs were fixed at HK$68,742, the Husband's reasonable monthly needs at HK$54,830 and the Husband's net monthly income at HK$75,515, leaving capacity to pay HK$20,000 per month; therefore the Husband was ordered to pay HK$20,000 per month maintenance from 1 June 2021, the lump sum relocation claim was disallowed as capital expenditure, the earlier HK$12,000 interim order was discharged while the HK$2,000 mortgage undertaking remained, and costs of the applications were made costs in the cause of the ancillary relief proceeding…

  • 7 Jan 2022

    CWCC v. YKOP

    Citation
    [2022] HKFC 2
    Court
    Family Court
    Case number
    FCMC13891/2017

    Wife's loss of employment constituted a substantial change in circumstance justifying a modest increase in MPS, assessed by reducing certain expenses and balancing wife's reasonable needs against husband's ability to pay given the scale of disputed funds; increase to HKD 60,000 per month was ordered. Wife failed to satisfy the Currey test and did not provide a proper budget or show she could not deploy assets to fund legal costs, so litigation funding was refused.

  • 20 May 2020

    CSY v. KCK

    Citation
    [2020] HKFC 109
    Court
    Family Court
    Case number
    FCMC6097/2018

    Court assessed and adjusted the parties' claimed budgets, accepted certain mortgage repayment schedule and pandemic effects, found respondent had capacity to meet the assessed reasonable needs, and ordered maintenance pending suit of HK$34,275 per month for the petitioner and HK$30,593 per month for the child, backdated to 1 April 2020, balancing fairness, respondent's offered payment and liquidity arguments.

  • 7 Apr 2017

    CWYW v. CCH

    Citation
    CWYW v. CCH
    Court
    Family Court
    Case number
    FCMP124/2013

    The application for leave to appeal was dismissed because the Mother failed to demonstrate a reasonable prospect of success or any other interest of justice: the trial judge’s factual findings, credibility assessments and discretionary exercise in assessing maintenance, carer’s allowance and capital items were supported by evidence and legal principle and were not plainly wrong; costs orders were made reflecting the sanctioned offer history and trial concessions, with specific allocation and taxation directions.

  • 10 Dec 2014

    C, JPS v . L,CWS

    Citation
    C, JPS v . L,CWS
    Court
    Family Court
    Case number
    FCMC13605/2013

    On a broad‑brush assessment of the child's reasonable needs and the payer's means the court allowed specific interim expense items (dwelling disallowed at claimed level, utilities apportioned, food allowed at HK$3,500 plus other reasonable items) totaling HK10,055, rounded to HK$10,000 per month; the payer, having income over HK$160,000 and a history of higher payments, was held able to pay; payments were ordered to be backdated to 1 January 2014 with credit for payments already made.