21 Sept 2022
The court held that the phrase "enters university overseas" denotes enrolment in an overseas university and does not require physical attendance abroad; therefore once the child enrolled overseas the husband’s obligation reduced to HK$6,000 per month and no arrears are due.
8 Sept 2021
Applying a de novo review but respecting the original undertakings, the court held rental for Villa M forms part of child maintenance in the circumstances and ordered Respondent to pay the full rental (HK$98,000 pm) until six months after C physically attends UNSW in Sydney or until she ceases full‑time tertiary education, whichever is sooner; maintenance was increased and fixed at HK$67,500 per month in total (HK$33,750 per child) backdated to 1 April 2020; that sum is to be paid as HK$20,000 per child directly to each child and HK$13,750 per child to the Petitioner for indirect/household co…
12 May 2017
The review was allowed in part: costs claimed for considering the second supplemental witness statements (items 76 and 77 totalling $2,667) were disallowed because they were occasioned by the plaintiff's application for leave and were allocated to the defendants by Master Pang's order; costs for drafting the plaintiff's supplemental witness statement (item 75) and the costs related to the re-revised statement of damages (items 89, 94 and Part 2 Section B item 6) were allowed because those drafting costs are costs of the action and the consent order granting relief from sanction validated the…
15 Nov 2016
The Consent Order, read in its commercial and factual context, plainly required the Husband to continue paying the mortgage instalments as they fell due until full repayment; it did not require him to discharge the mortgage upon selling the property to the Wife for HK$3,000,000, and the court would not add an unexpressed condition that the mortgage be paid off on transfer.
29 Aug 2016
Although respondent is in contempt for non-compliance with the Undertakings, the court exercised its discretion to refuse a Hadkinson stay because the appeal challenges the subject matter of the non-compliance, there are other enforcement mechanisms available, the contempt does not so impede the course of justice as to bar hearing, and respondent has raised arguable grounds (drafting ambiguity and mistake) giving reasonable prospects of success on grounds 1 and 2; accordingly the Hadkinson summons is dismissed and leave to appeal granted on grounds 1 and 2 without conditions.
6 May 2013
On the balance of probabilities the judge accepted the husband's evidence and contemporaneous documents demonstrating that HK$3,300,000 was paid in full; the wording of the consent order, read with the factual matrix and payments evidenced (including a May 3 payment of HK$1,900,000 and prior receipt of HK$1,400,000), did not leave an outstanding HK$1,400,000; accordingly the wife's judgment summons was dismissed and costs awarded to the husband.
26 Mar 2013
The consent order and the FDR transcript demonstrate the parties agreed the husband could occupy only until 31 August 2012; the court has jurisdiction to make a supplemental order to enforce that agreement upon changed circumstances (husband's refusal to leave); accordingly a supplemental order was made requiring the husband to vacate by 16 April 2013 and awarding costs to the wife.
15 May 2009
At the date the District Court jurisdiction increased the Plaintiff did not have a reasonable prospect of obtaining an award in excess of the new District Court limit; the action should have been transferred. Accordingly costs against the 1st and 3rd Defendants are ordered to be taxed on High Court scale up to 30 November 2003 and on District Court scale from 1 December 2003; assessment against those defendants is adjourned sine die, not to be restored without leave.
5 Nov 2004
The court held that the phrase 'resumption compensation in the sum of $6,492,306.60 or any appropriate sum as determined by the District Lands Officer' includes interest such that plaintiffs are entitled to share in interest; the defendant discharged his obligation by applying to the District Lands Officer and, absent an express term, was not obliged to litigate against Mr Tai to perfect title to Lot No.2517; and the court has jurisdiction, implied from the agreement, to order discontinuance once contractual obligations are fulfilled.
5 Nov 2004
The court held that the resumption compensation figure includes interest and thus plaintiffs are entitled to a share of that interest; the defendant fulfilled its contractual obligation by applying to the District Lands Officer and was not contractually required to sue a third party to perfect title to Lot No. 2517; and the court has implied jurisdiction under the consent order/agreement to order discontinuance of the actions once the parties have fulfilled their obligations.