Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Costs and litigation conduct

  • 10 Sept 2018

    陳 對 陳

    Citation
    [2018] HKFC 157
    Court
    Family Court
    Case number
    FCMC4414/2014

    In absence of contested oral evidence from the parents and on the basis of the Social Welfare Department's up-to-date investigation and report, including the clear wishes of the two children and the practical caregiving arrangements, the court concluded the children's best interests require awarding sole custody, care and control to the mother; the father was granted defined non-overnight weekly access of five hours, supervised and arranged by the social worker; a modest costs order was justified due to the father's unreasonable litigation conduct.

  • 10 Nov 2015

    HTL v. K,RE

    Citation
    HTL v. K,RE
    Court
    Family Court
    Case number
    FCMC1678/2013

    Because the parties' total resources and the wife's acute needs for housing and child maintenance made a needs-based approach appropriate, the court awarded the wife retention of the former matrimonial home as full and final settlement of her ancillary claims and ordered a deferred pension payment to the husband of 40% of the marital portion of the wifes pension (HK$~550,000 payable on wife's retirement). The court discharged the maintenance pending suit order and dismissed related enforcement and miscellaneous summonses, drawing an adverse inference from the husbands failure to make full d…

  • 7 May 2010

    K v. W

    Citation
    K v. W
    Court
    Family Court
    Case number
    FCMC5641/2001

    Court held that the proper course was to treat the pair of elderly-home businesses as having a combined value of HK$10,000,000 to be added to the Wifes balance sheet but declined to accept the Husbands much higher profit figures and declined to add profits as claimed; total matrimonial assets valued at HK$42.4m and equality was adopted as the starting point producing approximate equal shares of HK$21.2m each; practical property transfers were ordered so the Wife retains 43rd Avenue (San Francisco), City Garden (subject to mortgage) and two Tung Hing offices to enable her housing and potenti…