Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Education fund

  • 12 Aug 2022

    ST otherwise SST v. MFP

    Citation
    [2022] HKFC 168
    Court
    Family Court
    Case number
    FCMC7467/2009

    The husband\'s variation summons was dismissed because he failed to establish a material decline in his ability to pay and engaged in material non-disclosure; the court therefore made a modest upward variation for the wife to HK$137,000 per month (CPI-linked, backdated to June 2020) and ordered direct payments to H of HK$23,000 per month (CPI-linked) while upholding the respondent\'s undertakings relating to the education fund and school/university fees (recitals J and N) but discharging specified ancillary undertakings (recitals F, H, K and part of L); costs were awarded to reflect the respo…

  • 4 Oct 2017

    BKSH nee KSH v. JAB

    Citation
    BKSH nee KSH v. JAB
    Court
    Court of First Instance
    Case number
    HCMP767/2017

    The Court refused broad leave to appeal but granted leave limited to three calculational issues (deduction of rent, J's two years of secondary education charges, and full credit for school fees paid) because those discrete points raised reasonably arguable errors; the Hong Kong Family Court retained jurisdiction to vary ancillary relief despite parties residing in England; absence of expert evidence on English enforceability meant refusal to grant leave to enforce in England was appropriate; the Judge had not misapplied legal principles or law when refusing wider relief or recusal.

  • 14 Oct 2016

    BKSH nee KSH v. JAB

    Citation
    BKSH nee KSH v. JAB
    Court
    Family Court
    Case number
    FCMC5366/2008

    The court directed sale of the English matrimonial house by private treaty within six months at not less than the agreed reserved price £2.35m, failing which by public auction with a reserved price of £1.5m within four months; appointed Lillicrap Chilcott as estate agent and Foot Anstey as handling solicitors and allowed agent fee up to 3%; it refused leave to enforce in the UK; it found a material but limited change of circumstances and varied child maintenance by converting future periodic payments into a lump sum of HK$1,020,000 payable from the husband's share, fixed arrears and other ded…

  • 5 Oct 2015

    VE (nee KE) v. VRJ

    Citation
    VE (nee KE) v. VRJ
    Court
    Family Court
    Case number
    FCMC7676/2011

    The family was effectively insolvent with most liquid assets consumed by litigation; the court prioritised the children's needs and parties' respective earning capacities and needs over strict equal division. The judge ordered HK$1,000,000 to be released for the two children (HK$500,000 each) in joint accounts for education, awarded the petitioner a periodical payment of HK$7,000 per month, and directed that the remaining court-held proceeds be released to the petitioner (subject to the Director of Legal Aid's first charge and taxation), set aside a prior withdrawal order, imposed undertaking…

  • 26 Jan 2015

    CWT v. CKK

    Citation
    CWT v. CKK
    Court
    Family Court
    Case number
    FCMC14169/2007

    The court found the 2008 undertaking discharged in light of changed circumstances (variation of care and control) but accepted the respondent's new undertaking to continue making payments of not less than HK$8,000 per month for the child's benefit; the mother's applications for periodical maintenance and for an education fund were dismissed for lack of justification and current parental means; costs awarded to respondent against petitioner.

  • 12 Dec 2012

    CYM v. YML aka YMLJ

    Citation
    CYM v. YML aka YMLJ
    Court
    Court of Appeal
    Case number
    CACV14/2012

    Para 7 of the 1999 consent order did not obligate Choi to pay all overseas education and living expenses beyond the capped contributions specified in paras 7(a) and 7(d) (10% of his personal income as evidenced by tax assessments); paras 4 and 7 are cumulative not alternative; accordingly the Judge's orders based on an unlimited reading of para 7 were set aside and replaced with an order that Choi pay maintenance arrears of HK$124,109.13 with interest at 8% per annum; the variation to para 4 was upheld; procedural criticisms of the judgment summons process warrant caution but did not require…