Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Backdating of orders

  • 3 May 2022

    庾 v. 劉

    Citation
    [2022] HKFC 96
    Court
    Family Court
    Case number
    FCMC2567/2019

    Applying the broad‑brush approach and assessing reasonable needs against disclosed income and resources, the Court fixed the Petitioner’s reasonable needs at HK$16,010, credited her salary of HK$10,000 and found the Respondent had ability to pay HK$6,000 per month as maintenance pending suit; the order is backdated to the date of the Petitioner’s summons (28 October 2020); the Additional Bundle was not admitted where lodged without leave.

  • 16 Nov 2021

    S-N N v. N W

    Citation
    [2021] HKFC 229
    Court
    Family Court
    Case number
    FCMC4627/2021

    The court rejected the Husband's claimed reduced income and drew adverse inferences from deficient disclosure and unexplained transfers; on a broad brush assessment of marital standard of living the reasonable net needs for Wife and children were fixed at HK$77,500 per month; the wife demonstrated inability to fund litigation through other means for interim purposes and equality of arms warranted a contribution, but quantum limited by lack of detailed estimation to an interim legal costs allowance of HK$60,000 per month; backdating to petition was refused and costs of the summons reserved by…

  • 9 Feb 2021

    SNC v. CCS

    Citation
    [2021] HKFC 36
    Court
    Family Court
    Case number
    FCMC3741/2014

    Because the eldest child's overseas boarding placement was arranged unilaterally without the father's express consent or court leave the father is not liable for those overseas education costs; the court discharged the original undertakings and instead ordered periodical payments payable by the respondent for the children calculated on a 50:50 basis, fixing the respondent's contribution at HK$50,000 per month from 1 March 2021, refused to increase accommodation contribution towards petitioner's mortgage, and made a nisi order as to costs (no order if made absolute in 28 days).

  • 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.

  • 17 Jan 2020

    KYDW v. EJK Respondent

    Citation
    [2020] HKFC 20
    Court
    Family Court
    Case number
    FCMC664/2016

    There had been a significant change of circumstances since the consent order of 27 October 2016. The court accepted the Father's evidence of reduced and uncertain income and rejected the Mother's unsubstantiated allegations of concealed income. Balancing need and ability, the court varied the consent order to reduce child maintenance to HKD10,000 per child per month (total HKD20,000) and maintained the Mother's maintenance at HKD5,000 per month, backdating the variation to February 2019; arrears were recalculated accordingly and enforcement/repayment directions were given.

  • 22 Nov 2019

    ALDL v. FTFC AND ANOTHER

    Citation
    [2019] HKFC 292
    Court
    Family Court
    Case number
    FCMC13698/2013

    The Court found there was a material change in the Wife's circumstances (post-2015 cancer, medical needs, depletion of savings and prolonged litigation) and that the Husband had the ability to pay; the Wife's reasonable interim needs required an increase. The Husband was ordered to pay HK$220,000 per month as maintenance pending suit, backdated to the date of the present application, and to provide legal costs funding of HK$300,000 per month for 12 months (to be held by the Wife's solicitors solely for these proceedings). Costs of and incidental to the application were awarded to the Husband…

  • 16 Jan 2019

    TPF v. W

    Citation
    [2019] HKFC 19
    Court
    Family Court
    Case number
    FCMC16179/2011

    On a fresh evaluation of both parties' finances and the child's needs the court concluded that the parties should share the child's expenses equally; allowing specific household and direct expense items, the court fixed the father's contribution at HK$6,600 per month (HK$2,200 towards general household expenses and HK$4,400 towards direct child expenses), found the father has means to pay and ordered the sum to be backdated to 1 November 2017 with payments to take effect from 1 February 2019; costs awarded to the mother (order nisi to be made absolute).

  • 19 Sept 2018

    L, KMM v. N, DG

    Citation
    [2018] HKFC 160
    Court
    Family Court
    Case number
    FCMC595/2014

    There was a material change in circumstances (mother cohabiting/married, ceased paying rent, and receiving income) warranting variation; the father was ordered to continue to pay all of S's education tuition fees but was released from the undertaking to pay agreed ECAs; after apportioning household and direct child expenses the appropriate maintenance was fixed at HK$16,000 per month until S is 18 or ceases full time education; the variation was backdated to 1 June 2017; no order as to costs (order nisi to be made absolute in 14 days).

  • 7 Aug 2017

    TWF v. HWKR

    Citation
    TWF v. HWKR
    Court
    Family Court
    Case number
    FCMC16534/2015

    Applying the statutory power to vary and weighing immediate reasonable needs against husband's demonstrated means, the court allowed a partial variation: wife's monthly MPS increased from HK$61,000 to HK$99,000 (effective 10 July 2017) reflecting allowed monthly budget items (total HK$74,000) plus an allowance of HK$25,000 for repayment of friends/relatives debts; the husband need not increase monthly legal-costs provision now beyond existing HK$50,000 but gave an undertaking to pay HK$50,000 per month for legal costs within 7 days of receipt of his share of Sentosa House sale proceeds, and t…