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Hong Kong Case Law

Burden of proof on costs
  • 14 Oct 2016

    LHC v. KHS

    Citation
    LHC v. KHS
    Court
    Family Court
    Case number
    FCMC3343/2015

    The maintenance application is ancillary relief under the MPPO and not a children’s residence/custody case to which the starting presumption of no order as to costs ordinarily applies; interlocutory costs are governed by Order 62 r.3(2A) giving the court broad discretion and requiring consideration of parties' conduct and offers; having found petitioner exaggerated expenditure, failed full and frank disclosure, failed to negotiate and refused a realistic offer, the fair order is that petitioner pay respondent's costs from 12 April 2016 while no order is made for costs prior to that date.