Hong Kong Case Law: Decisions & Judgments

Topic

Disclosure of financial information

Legal area

Court

18 Aug 2021

BPL v. BNP formerly known as PN

Citation

[2021] HKFC 168
Court

Family Court
Case number

FCMC11207/2020

Given the parties' circumstances, the court ordered the husband to pay HK$25,000 per month as interim maintenance for the child A, accepted his undertaking to continue to pay As school fees, one ECA per month and medical insurance, declined the wifes additional HK$10,000 monthly claim for herself, and declined to backdate payments because that would impose an intolerable burden on the husband.
15 Mar 2021

YCKS v. MPKC

Citation

[2021] HKFC 44
Court

Family Court
Case number

FCMC5771/2018

The respondent failed to discharge the burden required to displace the usual costs rule; the petitioner engaged in mediation sufficiently and provided reasonable explanation for ceasing further mediation, the petitioner did not conduct litigation excessively and the respondent had failed to disclose his financial position, therefore the summons to vary costs is dismissed and the respondent must pay the petitioner's costs to be taxed if not agreed with the petitioner's legal aid costs taxed under the Legal Aid Regulations.
13 Dec 2019

S, S R (formerly known as D, P A) v. S, R P

Citation

[2019] HKFC 321
Court

Family Court
Case number

FCMC6925/2019

Although the respondent claimed business failure and substantial indebtedness, his disclosure was found to be obviously deficient; on the evidence the respondent nevertheless had present financial capacity to meet reasonable interim payments without disposing of the AMC debenture or the preserved art collection. The court assessed and allowed modest, specific monthly sums for the petitioner and children, ordered maintenance of insurance and school fees, and directed payments to commence from 1 November 2019 into the petitioner's bank account.
8 Oct 2019

CMM v. CHWK

Citation

[2019] HKFC 257
Court

Family Court
Case number

FCMC2113/2018

Applying a broad‑brush balancing exercise of the children's reasonable interim needs against the husband's ability to pay and noting deficient disclosure, the court accepted interim children expenses at about HK$24,850 and, having assessed the husband's disclosed income (HK$45,000 salary plus averaged bonus HK$20,000) and reasonable interim expenses, concluded the husband could afford interim maintenance and ordered HK$25,000 per month for the children payable to the wife from 1 November 2019 and until further order.
20 Nov 2007

TRENDEX INTERNATIONAL LTD v. YICK SHUN TECHNOLOGY (HK) LTD AND ANOTHER

Citation

TRENDEX INTERNATIONAL LTD v. YICK SHUN TECHNOLOGY (HK) LTD AND ANOTHER
Court

District Court
Case number

DCCJ5125/2006

The court granted leave to the defendants to withdraw their application and determined that the plaintiff was under no duty to produce financial documents in response to pre‑application requests; although the defendants had arguable grounds for the application, the circumstances did not warrant an indemnity costs order. Consequently the defendants were ordered to pay the costs of the application to the plaintiff, to be taxed if not agreed, with a certificate for counsel.

Hong Kong Case Law

BPL v. BNP formerly known as PN

YCKS v. MPKC

S, S R (formerly known as D, P A) v. S, R P

CMM v. CHWK

TRENDEX INTERNATIONAL LTD v. YICK SHUN TECHNOLOGY (HK) LTD AND ANOTHER