Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Crossley application

  • 16 Aug 2024

    LM v. FW

    Citation
    [2024] HKFC 150
    Court
    Family Court
    Case number
    FCMC7076/2022

    Leave to appeal was granted only on the discrete legal question of whether and how a pre-nuptial agreement should be considered in maintenance pending suit or interim maintenance where a Crossley application on the agreement's validity is pending because there is no appellate authority and the issue affects the future conduct of the case; all other grounds lacked reasonable prospects of success and a stay of execution was refused in absence of a proper application.

  • 5 Jun 2023

    L v. F

    Citation
    [2023] HKFC 108
    Court
    Family Court
    Case number
    FCMC7917/2018

    Respondent failed to discharge the burden to show cause why the prenuptial agreement should not bind him. The PNA was unvitiated, was negotiated with legal advice, the parties lived in accordance with it, and no credible evidence was adduced that enforcement would be unfair or that the husband is destitute. Accordingly the Crossley application succeeds, the PNA is given significant/magnetic weight for case management purposes, limited discovery is appropriate and a case management hearing is ordered to define the scope of limited disclosure and further steps; costs ordered in favour of petiti…

  • 10 May 2022

    CCY v. TJ

    Citation
    [2022] HKFC 102
    Court
    Family Court
    Case number
    FCMC12551/2017

    The application for litigation funding was dismissed because the applicant failed to discharge the burden of proving he could not reasonably procure legal representation by other means: he failed to make proper disclosure regarding the Australian company/trust, provided insufficient evidence that assets could not be deployed or that borrowing was impossible, and failed to explain the Legal Aid assessments; accordingly litigation funding was denied.

  • 15 Dec 2020

    V, RHM v. V, ES also known as B, ES

    Citation
    [2020] HKFC 263
    Court
    Family Court
    Case number
    FCMC10499/2018

    The summons to set aside the costs order was dismissed and the interim costs order made on 1 November 2019 was made absolute because the Crossley application was a discrete matter, the wife was wholly successful, and all relevant evidence on that application was before the court so determination of costs was not premature; the costs are to be taxed or agreed but not ordered to be paid forthwith.