Hong Kong Case Law: Decisions & Judgments

Topic

Clean break principle

Legal area

Court

11 Nov 2024

于對戴

Citation

[2024] HKFC 200
Court

Family Court
Case number

FCMC550/2021

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…
18 May 2015

MIMI KAR KEE WONG HUNG (also known as MIMI KAR GEE WONG HUNG) v. RAYMOND KIN SANG HUNG

Citation

MIMI KAR KEE WONG HUNG (also known as MIMI KAR GEE WONG HUNG) v. RAYMOND KIN SANG HUNG
Court

Court of Final Appeal
Case number

FACV11/2014

The Court allowed the husband's appeal and set aside the clawback because making such an order was unfair and speculative on the facts: the Severn Villa asset was held by a company (SVL/ADHL) with other assets and capital needs, redevelopment was not shown to be likely, a clawback would grant the wife upside without sharing downside or contributing to company risk, it conflicted with the clean break and finality principles, and the issue was not properly raised at trial so the Court of Appeal should not have imposed it on appeal (Flywin considerations).
18 May 2015

RAYMOND KIN SANG HUNG v. MIMI KAR KEE WONG HUNG (also known as MIMI KAR GEE WONG HUNG)

Citation

RAYMOND KIN SANG HUNG v. MIMI KAR KEE WONG HUNG (also known as MIMI KAR GEE WONG HUNG)
Court

Court of Final Appeal
Case number

FACV10/2014

The Court allowed the husband\'s appeal and set aside the clawback order because it was unfair and inappropriate on these facts: the prospective redevelopment benefit was speculative, the asset was held by a subsidiary of a listed company with other assets and liabilities so isolating one asset was unjust, the clawback would give the wife upside without sharing downside or investment risk, the clawback was not pleaded or argued at trial and ought not to have been raised on appeal absent exceptional circumstances, and the clean break and finality principles weighed against making such a future…
23 Oct 2014

MIMI KAR KEE WONG HUNG v. RAYMOND KIN SANG HUNG

Citation

MIMI KAR KEE WONG HUNG v. RAYMOND KIN SANG HUNG
Court

Court of Final Appeal
Case number

FAMV23/2014

The Court granted leave on the clawback issue because it raised questions of general and public importance but refused to permit a broad add-back of extra-marital expenditure and declined to disturb the judge's equal division: add-back requires proof of wanton/reckless/extravagant spending and a fairness-based, open-ended add-back was rejected as unworkable and discretionary deference to the trial judge was appropriate.
23 Oct 2014

MIMI KAR KEE WONG HUNG v. RAYMOND KIN SANG HUNG

Citation

MIMI KAR KEE WONG HUNG v. RAYMOND KIN SANG HUNG
Court

Court of Final Appeal
Case number

FAMV24/2014

Leave to appeal was granted to both parties on the clawback questions because they raised issues of great general or public importance; however the Court rejected the broadened proposition that any non‑marital expenditure which merely diminishes the matrimonial pot should be added back, affirmed that add‑back requires principled criteria (eg wanton/reckless/extravagant spending), and declined to disturb the trial judge's discretionary decision to adhere to equal division.
24 Mar 1999

TSANG SIU SHING v. LAM KWAI HING AND ANOTHER

Citation

TSANG SIU SHING v. LAM KWAI HING AND ANOTHER
Court

Court of Final Appeal
Case number

FAMV2/1999

The Appeal Committee refused to extend time and dismissed the application for leave because the matters in dispute did not raise any question of law or principle, had been fully considered by the Court of Appeal, and involved concurrent findings of fact; accordingly there was no basis to allow late leave to appeal under the court's discretion.
14 Jun 1984

NGAO TANG YAU LIN v. NGAO KAI SUEN AND ANOTHER

Citation

NGAO TANG YAU LIN v. NGAO KAI SUEN AND ANOTHER
Court

Court of Appeal
Case number

CACV46/1984

On true construction of s.4 of the Ordinance the court has jurisdiction to dismiss an application for periodical payments once and for all without the applicant's consent; the District Judge lawfully exercised his discretion to extinguish the wife's claim for periodical payments in the factual circumstances and his order is affirmed.

Hong Kong Case Law

于 對 戴

MIMI KAR KEE WONG HUNG (also known as MIMI KAR GEE WONG HUNG) v. RAYMOND KIN SANG HUNG

RAYMOND KIN SANG HUNG v. MIMI KAR KEE WONG HUNG (also known as MIMI KAR GEE WONG HUNG)

MIMI KAR KEE WONG HUNG v. RAYMOND KIN SANG HUNG

MIMI KAR KEE WONG HUNG v. RAYMOND KIN SANG HUNG

TSANG SIU SHING v. LAM KWAI HING AND ANOTHER

NGAO TANG YAU LIN v. NGAO KAI SUEN AND ANOTHER

于對戴