22 Dec 2023
林 對 胡
- Citation
- [2023] HKFC 254
- Court
- Family Court
- Case number
- FCMC1936/2020
C段承諾文字明確，表明男方須“支付或安排支付”女兒之學費及相關費用；法院認定男方在知悉承諾及命令下持續不履行，且違規非偶然或意外，申請人已以超越合理疑點標準舉證，故裁定答辯人構成民事藐視法庭。
Hong Kong Case Law
Breach of undertakings
14 Apr 2016
SUZANNE RUTH HENDERSON v. SCOTT HENDERSON
- Citation
- SUZANNE RUTH HENDERSON v. SCOTT HENDERSON
- Court
- Court of First Instance
- Case number
- HCMP1780/2013
There was a good arguable case for registration under the Maintenance Orders (Reciprocal Enforcement) Ordinance but not for enforcement at common law because the 2009 Ontario order was not final and conclusive; the plaintiff committed material non-disclosure, intentional misrepresentation and lies and breached undertakings when obtaining the ex parte Mareva injunction, which justified discharging the Mareva injunction and related orders and dismissing the originating summons; costs ordered to the defendant on a nisi basis.
18 Mar 2016
LCKLM nee CKLM v. LWK
- Citation
- LCKLM nee CKLM v. LWK
- Court
- Family Court
- Case number
- FCMC11425/2011
Petitioner was the successful party on the application and her decision to come to court was not unreasonable in light of the respondent's conduct, but because she failed on some pleaded grounds the fair costs order was that the respondent pay half of her costs with a certificate for one counsel, to be taxed if not agreed.
15 Aug 1974
HENRY VICTOR ARDY v. WIDE WORLD EXPORTS LTD
- Citation
- HENRY VICTOR ARDY v. WIDE WORLD EXPORTS LTD
- Court
- Court of Appeal
- Case number
- CACV34/1974
The committal order was unsustainable: there was no evidence the car had been sold so no proceeds existed to account for; the interim injunctions either could not have been obeyed because proceeds had passed out of the Appellant's control and no time for performance was fixed or were superseded by the undertakings; the communications to the estate agents amounted to reasonable compliance with the undertaking to cause the house to be sold 'forthwith' (i.e. within a reasonable time); accordingly the Respondents failed to prove contempt beyond reasonable doubt and the committal must be set aside.