Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Asset sharing

  • 24 Mar 2022

    LOTM v. CSM

    Citation
    [2022] HKFC 64
    Court
    Family Court
    Case number
    FCMC15805/2018

    Court excluded husband’s 1/3 Sunway Garden interest as a unilateral inherited asset not mingled with family finances and ring-fenced it; wife’s government pension was treated as an income stream sufficient for her reasonable needs (therefore the notional 50% commuted lump sum was not added to the pot); the $688,263 transfers were found to belong to the wife’s elder brother and not dissipated; the husband’s China account withdrawals were not added back after investigation of cash flows; matrimonial home must be sold and net proceeds shared 51% to wife, 49% to husband; other ancillary claims di…

  • 28 Dec 2021

    LYH v. YHKB

    Citation
    [2021] HKFC 262
    Court
    Family Court
    Case number
    FCMC2164/2009

    Husband intentionally failed to disclose pre-existing negotiation/sale of family business EEL before and at time of consent orders; proceeds are fruits of the marital enterprise and therefore matrimonial property to be shared on ordinary sharing principles; equal sharing applies absent good reason to depart; wife entitled to half the proceeds plus compensation for loss of opportunity; awarded total lump sum HK$79,500,000 to be paid by husband within 60 days.

  • 1 Dec 2020

    周 對 何

    Citation
    [2020] HKCA 979
    Court
    Court of Appeal
    Case number
    CAMP115/2020

    Leave to appeal was refused because the applicant failed to demonstrate a reasonable prospect of success or any other reason of fairness to justify an appeal; the trial judge's detailed factual findings were not shown to be plainly wrong and the sharing principle for matrimonial assets was correctly applied, so appellate intervention was not warranted.