Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Balancing of hardship
  • 4 Nov 2016

    袁 對 孔

    Citation
    袁 對 孔
    Court
    Family Court
    Case number
    FCMC8462/2012

    Applicant failed to establish on the balance of probabilities sufficient and ongoing harassment, assault or other conduct warranting the mandatory eviction and prohibitory orders under s.3 Cap.189; material credibility findings (including acceptance of R-1 card as applicant’s business card and corroborated criminal-damage proceedings) and consideration of parties’ respective needs and economic capacity rendered mandatory eviction disproportionate; accordingly injunctions sought in items 1–3 refused and arrest authorisation under s.5 not granted.