Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Avoidance of disposition (s.17 mppo)

  • 17 Dec 2010

    WLMLA v. WWKP

    Citation
    WLMLA v. WWKP
    Court
    Family Court
    Case number
    FCMC9972/2008

    Payments of $2,200,000 were found to be the daughter's rightful share supported by evidence of mortgage contributions and a supporting letter; therefore s.17 setting aside application failed. Clause 4 of the Deed attempting to bar future ancillary relief is void under s.14(1)(a) MPPO but the Deed remains a relevant factor. Applying s.7 MPPO and guidance from LKW v DD, the court assessed resources and needs, excluded post-separation debts attributable to husband’s conduct, found total family assets of HKD 4,500,000, and ordered a lump sum of HKD 900,000 (20% of wife's assets) to the husband as…

  • 24 Sept 2010

    KNM v. HTF

    Citation
    KNM v. HTF
    Court
    Family Court
    Case number
    FCMC14334/2007

    On the evidence the husband had no beneficial interest in Sentact, Jade Mansion or City Garden properties; payments recorded as rent were sham/tax arrangements or contributions to grandparents and not recoverable as rents except where specific trust found (HK$36,000 held by paternal grandmother as trustee); the $4,060,000 advanced for Granville Garden was a loan not a gift so subsequent payments by husband were repayments, defeating resulting trust claim in Aldrich Garden and car park proceeds; most assertions of dissipation failed on evidence; two withdrawals (HK$100,000 and CNY132,000) requ…