Hong Kong Case Law: Decisions & Judgments

Topic

Construction of consent order

Legal area

Court

4 May 2017

LCKLM nee CKLM v. LWK

Citation

LCKLM nee CKLM v. LWK
Court

Court of Appeal
Case number

CACV186/2016

The Court dismissed the appeal because the applicant did not establish an accidental omission or that the court's manifest intention required correction under the slip rule or inherent jurisdiction; material factual disputes about the parties' intentions and alleged double counting were unresolved and the correct forum for those disputes is fresh proceedings for rectification or substantive relief, not a summary amendment of a sealed consent order.
20 Mar 2015

S,WCK v. F, P

Citation

S,WCK v. F, P
Court

Family Court
Case number

FCMC11192/2012

The court held that clause K required the parties to continue to pay their respective living costs as set out in their Form Es until the former matrimonial home is sold or the order is varied by the court; the husband must continue to pay two‑thirds and the wife one‑third of the general household expenses pending sale; there shall be a joint accounting by affidavit from 1 September 2013 and no immediate reimbursement pending that accounting; order 4 was varied to permit each party to claim HK$5,000 per month from the Fund for the period from 1 September 2013 until sale or until J begins colle…
30 Oct 2014

ME v. A-M G

Citation

ME v. A-M G
Court

Family Court
Case number

FCMC9947/2012

The court construed the consent order to mean both parties share liabilities for property-related costs up to the date of the order (30 Oct 2013) and that, thereafter, costs fall to the party who becomes owner under the order; because no full accounting had been done, the court ordered limited retrospective accounting from the date of the undertaking (24 Sep 2012) to 30 Oct 2013, directed documentary schedules and reconciliation, required clarification of bank/income items, added certain bank deposit sums to the amount due to the wife, ordered an interim payment into court pending final recon…
6 Mar 2003

LI CHUN v. LI WING FUNG

Citation

LI CHUN v. LI WING FUNG
Court

Court of Appeal
Case number

CACV271/2002

The Consent Order contained an ambiguity (notably the phrase 'the then outstanding balance of the Judgment') such that the applicant's construction — that enforcement on default was of the settlement balance (US$860,000 less payments) rather than the original judgment with accrued interest — was at least arguable; that arguability established a genuine dispute on substantial grounds and justified setting aside the statutory demand, and the Court of Appeal dismissed the respondent's appeal.
23 Apr 1985

SUSAN ELIZABETH HORTON v. GERARD FRANCIS HORTON

Citation

SUSAN ELIZABETH HORTON v. GERARD FRANCIS HORTON
Court

Court of First Instance
Case number

HCMC19/1983

Respondent was entitled to insist on confidentiality of medical disclosures; he made a reasonable offer on 29 June 1984 to provide information subject to a covenant which petitioner rejected; petitioner therefore continued proceedings unnecessarily from 30 June 1984 and must bear costs incurred after 29 June 1984; petitioner awarded costs up to and including 29 June 1984, thereafter costs to respondent; two counsel certified.

Hong Kong Case Law

LCKLM nee CKLM v. LWK

S,WCK v. F, P

ME v. A-M G

LI CHUN v. LI WING FUNG

SUSAN ELIZABETH HORTON v. GERARD FRANCIS HORTON