Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Capital provision (lump sum)

Legal area

Court

6 Mar 2012

KEWS v. NCHC

Citation

KEWS v. NCHC
Court

Court of Appeal
Case number

CACV75/2011

Although costs normally follow the event, the court varied the costs order nisi only modestly because (i) the Husband's settlement offers and negotiation efforts are relevant but did not beat the court's eventual awards (his lump sum offer of $1,008,000 and monthly offer of $21,000 were substantially below the court's assessment), (ii) the Wife's refusal or failure to continue negotiations after December 2009 was a relevant factor against her, and (iii) weighing all circumstances the fair adjustment was a 15% reduction of the Wife's costs entitlement, resulting in an award of 85% of the costs…
2 Dec 2011

KEWS v. NCHC

Citation

KEWS v. NCHC
Court

Court of Appeal
Case number

CACV75/2011

The Court concluded the trial judge was plainly wrong to fix maintenance at the low sums ordered because the Husband had under‑utilised earning capacity and continued substantial parental financial support; applying the doctrine of judicious encouragement and assessing the Wife's needs, the proper maintenance is HK$42,500 per month and a capital lump sum of HK$1,500,000 payable within one year, and the secured periodical payment application should not be dismissed permanently; costs awarded to the Wife on appeal.