Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Asset disclosure and concealment

  • 30 Sept 2024

    梁 對 文

    Citation
    [2024] HKFC 148
    Court
    Family Court
    Case number
    FCMC3751/2022

    Court found both parties have sufficient income to meet their needs; HK$360,000 withdrawals were held to be post-separation savings of the applicant and not matrimonial property for automatic sharing; although applicant had not been fully candid and adverse inferences were drawn, discretionary consideration of needs meant the HK$360,000 would not be used to satisfy either party's claims; respondent was found to have concealed some monthly savings estimated at HK$156,000 to be included in family asset calculation; MPF balances were discounted by 30%; on the overall assessment both maintenance…

  • 8 Jun 2021

    程 對 陳

    Citation
    [2021] HKFC 114
    Court
    Family Court
    Case number
    FCMC13480/2016

    The court held there was insufficient evidence that the respondent's remortgage and subsequent expenditure amounted to the sort of wanton, deliberate dissipation that justifies add-back; therefore remortgage proceeds were not re-attributed. The court accepted the agreed current market value and bank evidence of mortgage balance, fixed matrimonial assets at HK$1,800,000, applied equal sharing to give the applicant HK$900,000, reduced that by HK$375,000 for concealed savings, and ordered the respondent to pay the applicant HK$525,000 within one month.

  • 12 Feb 2019

    L 對 Y

    Citation
    [2019] HKFC 31
    Court
    Family Court
    Case number
    FCMC195/2014

    The court determined the matrimonial pot totalled HK$2,600,772.66; the wife’s overall entitlement was set at 46% and the husband at 54% based on contributions and post‑separation conduct; the husband had concealed business profits and two ledger items totalling HK$1,306,917 were treated as hidden cash thereby forming part of his assets; allegations that the wife had misappropriated HK$1,048,033 were rejected; the appropriate practical remedy was to transfer the matrimonial home (valued HK$1,200,000) to the wife within six months, rescind the interim maintenance order and require repayment of…