Hong Kong Case Law: Decisions & Judgments

Topic

Discharge of undertaking

Legal area

Court

10 Apr 2026

YVES CHARLES EDGAR BOUVIER v. PASCAL MARIE MICHAEL DE SARTHE AND OTHERS

Citation

[2026] HKCFI 2483
Court

Court of First Instance
Case number

HCA1822/2025

Both summonses were dismissed. The 4th defendant likely lacks standing to seek discharge of undertakings given by the 1st to 3rd defendants; there is no evidence from the party allegedly mistaken (the 1st to 3rd defendants) to found a mistake claim; no unforeseeable material change of circumstances was shown that would make compliance infeasible; prior applications for interim relief were considered and refused; further delay in disclosure was unjustified. The court left open the collateral use/implied undertaking issue for later determination. The 1st to 3rd defendants' time to comply was ex…
30 Sept 2024

CHAN WAI LUNG v. LEE SHU YEN AND ANOTHER

Citation

[2024] HKCFI 2664
Court

Court of First Instance
Case number

HCA736/2022

The Defendants failed to demonstrate material change or any vitiating factor warranting discharge of a voluntary undertaking; they concealed the closure of relevant bank accounts for approximately two years, prima facie breaching the undertaking, and therefore the Court refused the discharge application but ordered the Defendants to pay the Frozen Sum into Court within 14 days, discharging the undertaking upon payment, and awarded indemnity costs to the Plaintiff, summarily assessed and payable forthwith.
9 Feb 2021

SNC v. CCS

Citation

[2021] HKFC 36
Court

Family Court
Case number

FCMC3741/2014

Because the eldest child's overseas boarding placement was arranged unilaterally without the father's express consent or court leave the father is not liable for those overseas education costs; the court discharged the original undertakings and instead ordered periodical payments payable by the respondent for the children calculated on a 50:50 basis, fixing the respondent's contribution at HK$50,000 per month from 1 March 2021, refused to increase accommodation contribution towards petitioner's mortgage, and made a nisi order as to costs (no order if made absolute in 28 days).
15 Jan 2020

CHAU YUET CHING BRENDA v. CHAN BO MAN WILLIAM AND OTHERS

Citation

[2020] HKCFI 199
Court

Court of First Instance
Case number

HCA652/2017

The costs order nisi is varied: the 1st to 3rd defendants must pay the costs of the 9 October 2019 hearing forthwith; the plaintiff is awarded the costs of the 3rd defendant's discharge application (other than the costs of the 2019 hearing) to be paid by the 3rd defendant forthwith and to be taxed if not agreed; the plaintiff's costs of the defendants' discharge summons and variation summons otherwise remain costs in the cause; immediate taxation of the 2019 hearing costs is ordered; indemnity costs for the 3rd defendant's application are refused.
19 Nov 2019

FHP v. YPY (formerly known as YSL)

Citation

[2019] HKFC 296
Court

Family Court
Case number

FCMC15966/2010

There was a material change in the husband’s financial circumstances (loss of income, cessation of family support, loans and new family responsibilities) and the court must consider the parties’ present needs de novo; accordingly maintenance was reduced in two staged tranches to allow the wife to meet short term obligations (including NC completing A‑levels) but to reflect the husband’s diminished capacity, and the HK$30,000 annual undertaking was discharged.
18 Oct 2019

HMSE v. JJS

Citation

[2019] HKFC 269
Court

Family Court
Case number

FCMP70/2008

Leave to appeal was dismissed because the applicant failed to show a reasonable prospect of success or reasons in the interests of justice: the judge had properly considered evidence and child’s welfare, concluded accommodation did not require upgrading, applicant failed to discharge burden of proof for lump sum claims due to lack of documentation, mother’s allowance is included within the increased periodical payment (HK$53,000/month), and costs were warranted against the applicant.
1 Mar 2019

HMSE v. JJS

Citation

[2019] HKFC 55
Court

Family Court
Case number

FCMP70/2008

Leave granted to discharge the mutual undertaking to accept HK$12,000 due to material and unforeseeable change in rental/market circumstances; on a broad‑brush assessment of evidence the father’s periodical payment was varied from HK$35,000 to HK$53,000 per month commencing 1 April 2019 after reallocation of budget heads; father’s proposed increase of life insurance to HK$10m was dismissed given existing security (Mei Foo Property) and means; backdated shortfall from the date of the summons (31 March 2016) for 36 months was calculated at HK$648,000 and ordered payable within one month; undert…
18 Sept 2013

IISW v. SDS-W

Citation

IISW v. SDS-W
Court

Family Court
Case number

FCMC1399/2006

The court discharged the wife's undertaking, ordered the husband to pay a lump sum of HK$1,330,490 for the children's school fees from September 2009 to July 2013, directed that the husband is responsible for ongoing school fees with annual payments to commence September 2013 (first due 1 October 2013 for that year, then by 1 August in subsequent years), indicated the charging order nisi should be made absolute with net sale proceeds first applied to the lump sum and any remainder paid into court, adjourned finalisation of the charging order to 5 December 2013 (wife to file any summons by tha…
8 Nov 2004

LAM SIU LIN AND ANOTHER v. CHUANG KWEI LUN QUINCY

Citation

LAM SIU LIN AND ANOTHER v. CHUANG KWEI LUN QUINCY
Court

Court of Appeal
Case number

CACV121/2004

The Court dismissed the appeals: the judge was entitled to find the 1st applicant had acquiesced in non-performance so the respondent's failure was a technical breach only and not contempt; given the lapse of time for performance and changed circumstances the judge correctly discharged the undertaking; any ongoing maintenance concerns are addressable by variation under s12A and s10 of the Guardianship of Minors Ordinance.