15 Mar 2022
The statutory scheme mandates the total payment of $3,300 and permits committal for non‑payment; a court that considers the offender's means may lawfully vary the instalment schedule on review or appeal, and the High Court may exercise the magistrate's powers to reduce instalments to a proportionate amount while preserving the statutory payment obligation and the committal alternative.
19 Apr 2018
Applying the criminal standard, the Master accepted beyond reasonable doubt that the debtor had transferred the clinic shares to avoid execution and wilfully obstructed and failed to comply with a specific court discovery direction; those proven breaches, taken with the unpaid judgment of HK$1,300,000 and the debtor's conduct, warranted exercise of the court's discretion to commit him to prison for one month and fix maintenance at HK$725 per day.
28 Aug 2007
On a de novo assessment of means and needs the court imputed a notional income of $4,000pm to the Wife, assessed the Husband's reasonable monthly expenses at $33,000 leaving about $14,000 available for maintenance, fixed the Wife's reasonable need at $10,000pm, found SY remained in full-time education until August 2006 so child maintenance ceased then, calculated overpayments and underpayments resulting in net arrears of $160,200 and therefore varied the Wife's periodical payment to $10,000pm with arrears to be repaid at $5,000pm from 1 September 2007 until paid.
21 Jun 2002
The court found the judgment debtor had credibly demonstrated exhaustive but unsuccessful attempts to raise the lump sum commercially and from family, that family funds were unlikely due to a significant rift, and that committal is inappropriate absent contumelious conduct; accordingly the debtor had shown cause and no committal order was made, with costs awarded against the applicant.
15 Jan 1998
The Court allowed the wife's appeal and set aside Deputy Judge Carlson's order because there was insufficient evidence of a change of circumstances to justify reducing the 1991 consent periodical payment from $4,000 to $2,000; the husband's appeal against the spent committal order was dismissed as academic; costs awarded to the wife in both appeals, to be taxed under the Legal Aid Regulations.
1 May 1991
Because both subrule (1) and subrule (2)(a) require the court to be satisfied that the judgment debtor is able to satisfy the judgment and both permit imprisonment as a consequence, the court must be satisfied to the criminal standard (beyond reasonable doubt) of the debtor's ability to pay before making an order under either subrule.
24 Nov 1977
The creditor failed to prove any of the matters required by Order 49B Rule 6(3): evidence did not establish unjustifiable extravagance, willful concealment, fraudulent transfer, or that the debtor retained de facto control of the transferred business; accordingly the detention could not be maintained and the debtor was discharged.