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The court dismissed the husband’s application to vary a costs order nisi in ancillary relief proceedings and made that order absolute, leaving him liable for the wife’s costs.
The District Court dismissed a husband’s application to vary a costs order nisi in ancillary relief proceedings, upheld the wife as the overall successful party, and made the costs order absolute.
On the evidence the court accepted the wife's contemporaneous communications, the agent's evidence and the second respondent's admissions that the deceased never funded the purchase; the deceased (and his estate) was not the beneficial owner and the husband was the sole beneficial owner of Yinghai. Yinghai nonetheless constituted the matrimonial home and formed part of the matrimonial asset pool. Applying Cap.192 s7 and the LKW v DD five-step approach the court adopted the sharing principle but departed from equal division because of the short duration of the marriage and the pre‑marital orig…
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Court determined total net family assets at HK$5,953,809.23, rejected applicant's claim that HK$861,700 from her parents was a repayable debt (holding it to be gift/soft loan) and therefore excluded it from liabilities, applied the sharing principle but departed from equal split because applicant had higher future needs, greater contribution in childcare and respondent had greater earning capacity and pre-marital mainland asset; awarded applicant 55% (~HK$3,274,595) and ordered specific sale of the marital home with net payment of HK$3,150,000 to be paid to applicant via Legal Aid and other a…
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The court granted the mother leave to relocate the children to the Philippines, finding the plan realistic and the children’s welfare better served by relocation.
Both applications for leave to appeal and the applicant's application to vary the costs order were dismissed. The court held that the grounds advanced merely rehashed trial evidence, failed to identify clear errors in the trial judge's reasoning, and did not demonstrate a reasonable prospect of success; new evidence was not admissible or credible under established tests; and variation of costs was unwarranted because settlement attempts and mediation failures did not justify departing from no costs order in the circumstances. Consequently no appeal hearing is required and no change to the cos…
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Ancillary relief judgment finding the husband had substantial undisclosed assets, admitting but limiting weight to unlawfully obtained documents, and ordering a 60/40 division plus child maintenance.
Applying Cap.13 s3 and the guiding factors in Payne, the court found relocation to Shenzhen to be in the child's best interests because father is the established primary carer, the relocation plan is feasible (suitable housing, supportive step‑mother, practical cross‑border access), social work reports recommended approval subject to school place confirmation, and the mother's relationship with the child can be maintained by defined visitation and daily electronic contact; accordingly father retains care and control and relocation is approved with specified conditions.
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Husband was found not credible and failed to make full and frank financial disclosure; wife elected not to seek division of assets; on the facts and considering statutory s.7(1) factors the court denied husband’s ancillary relief claims, awarded symbolic spousal maintenance of HK$1 per year to wife, ordered wife to pay child maintenance HK$2,500 per month, and awarded costs to wife of HK$6,100.
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The court refused the Husband’s application for leave to appeal, finding no reasonable prospect of success, dismissed the stay application, and awarded costs to the Wife.
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