Hong Kong Case Law: Decisions & Judgments

Topic

Disclosure and adverse inference

Legal area

Court

27 Nov 2024

B,MC v. B,GC formerly known as W,CY

Citation

[2024] HKFC 199
Court

Family Court
Case number

FCMC10501/2021

On the evidence the court excluded the Husband's unvested QL shares from the matrimonial pot, treated the Citibank college savings as the Husband's property, rejected the Wife's alleged loans for lack of credible contemporaneous proof, applied a 60% discount to MPF/pensions for illiquidity, assessed earning capacities (Husband income HK$100,290; Wife earning capacity HK$30,000), fixed the Daughter's reasonable monthly needs at HK$35,000 and apportioned responsibility 77% to Husband (HK$26,950) and 23% to Wife (HK$8,050); ordered retrospective child maintenance of HK$691,315 payable by instalm…
4 Jun 2024

DB v. DMA

Citation

[2024] HKCA 514
Court

Court of Appeal
Case number

CAMP311/2023

Leave to appeal refused because the proposed grounds attack findings of fact and discretionary judgments without particularisation or arguable basis; corrigendum errors were immaterial to the judge's conclusions; applicant failed to show a reasonable prospect of success under section 63A DCO and no other interest of justice justified hearing the appeal, therefore no stay or injunction was granted.
17 Apr 2024

ALDL v. FTFC AND ANOTHER

Citation

[2024] HKFC 13
Court

Family Court
Case number

FCMC13698/2013

On the balance of probabilities the judge accepted H's and R2's evidence that transfers from H to R2 were gifts and there was no common intention or sufficient detriment to establish a constructive trust or a resulting trust in respect of the landed properties; R2 failed to discharge the burden to prove a 50% beneficial interest in TF Co. Ltd.; however certain transfers totalling HKD7,500,000 were treated as dispositions by H intended to defeat W's claim and were set aside under s.17 MPPO and a further shortfall of HKD1,804,935.67 of Unit Trust Funds was ordered returned to H (or added back t…
18 Oct 2023

SPY v. KYH by guardian ad litem, KWOK IAN CHIN YEUNG

Citation

[2023] HKFC 214
Court

Family Court
Case number

FCMC7988/2007

Applying MPPO s7 and guidance in LKW v DD, the court assessed assets and needs, found available assets insufficient to meet both parties' needs so the sharing principle did not apply; having drawn an adverse inference from the respondent/GAL's failure to disclose, the court ordered sale of the matrimonial home and directed that, after deductions and subject to the Director of Legal Aid's first charge, any net sale proceeds be paid to the petitioner, and dismissed remaining ancillary relief claims.
18 Aug 2023

PEL, by his mother and next friend P AND ANOTHER v. SL

Citation

[2023] HKFC 167
Court

Family Court
Case number

FCMP121/2021

Given the Respondent's persistent non‑participation and failure to provide financial disclosure, the court drew adverse inferences regarding ability to pay, applied a broad‑brush assessment of the minor's needs (taking into account ISS subsidy), and ordered monthly maintenance of HK$5,200 to be paid by the Respondent with costs to the applicants taxed under Legal Aid Taxation.
21 Jul 2023

DB v. DMA

Citation

[2023] HKFC 137
Court

Family Court
Case number

FCMC1006/2021

There were no shareable assets so the case was decided on a needs basis. The Husband materially failed to disclose financial information and the court drew adverse inferences, finding the Husband's true accessible income was higher than his declared salary and assessed at not less than HK$45,000/month. On that basis the Husband was ordered to pay spousal maintenance to the Wife of HK$5,400/month until death or remarriage and child maintenance of HK$22,400/month total (HK$5,600 per child) with specified durations for each child; the Husband must pay children's school and related expenses direc…
24 Feb 2023

SM also known as HMS v. HDG

Citation

[2023] HKFC 36
Court

Family Court
Case number

FCMC3929/2016

Applying the LKW v DD steps under MPPO s.7 the court accepted the SJE valuations and found total family assets HK$58,512,972, assessed needs and earning capacities, drew an adverse inference from the Husband's failures of disclosure, determined assets sufficient to meet needs, applied the sharing principle but departed modestly from equality because of the Wife's greater needs and the Husband's higher earning capacity, and ordered sale of the Wing On Lodge and Winfield properties with net sale proceeds to be divided 54% to the Wife and 46% to the Husband; ordered child maintenance of HK$50,55…
29 Nov 2022

ZQA AND OTHERS v. SCC (sued as Executor and Beneficiary of the Estate of the Deceased) AND OTHERS

Citation

[2022] HKFC 254
Court

Family Court
Case number

FCMP63/2017

Court found applicants were maintained by the deceased and that significant post‑will payments to Madam Z were testamentary in purpose, but Madam Z had substantial disclosed and undisclosed resources, had not been credible and should not receive provision from the estate; children were entitled to reasonable maintenance paid from the estate: lump sums HKD1,260,000 (Daughter One) and HKD1,980,000 (Daughter Two) to be paid into court and invested with monthly payments of HKD15,000 each until majority. Net estate for purposes of the claim was ascertained at HKD12,897,260 (after adjustments). Cos…
12 Aug 2022

WSW v. CSLPC

Citation

[2022] HKFC 155
Court

Family Court
Case number

FCMC7214/2019

The court found the Husband failed to prove many alleged family loans and engaged in material non-disclosure such that adverse inferences were justified; the Wife bore substantial post-separation expenditure on family and children; applying s.7 MPPO and LKW v DD steps the court found surplus assets and good reasons to depart from equality and ordered distribution on a 55:45 split in favour of the Wife, with specified property transfers, lump sum equalization payments from the Wife to the Husband, and child maintenance orders including a lump sum and periodical payments by the Husband.
16 Nov 2021

S-N N v. N W

Citation

[2021] HKFC 229
Court

Family Court
Case number

FCMC552/2020

On a broad-brush interim assessment the court rejected the husband's asserted drastic income reduction and adverse limitations on his ability to pay, drew adverse inferences from incomplete disclosure and unexplained transfers, accepted the wife's assessed net monthly needs of HK$77,500, and exercised discretion to award interim legal costs contribution of HK$60,000 per month to achieve equality of arms until further order; backdating was refused and the prior interim order was discharged.