Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

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  • 7 Dec 2018

    WJT v. YATM

    Citation
    [2018] HKFC 225
    Court
    Family Court
    Case number
    FCMP79/2017

    The court applied the O.24 r.7 prerequisites (relevance, existence, possession) and the Peruvian Guano relevance test, rejected blanket refusal based on asserted ability to pay, and ordered targeted discovery necessary to assess the Father’s financial means and the child’s pre‑separation standard of living while refusing requests that would be oppressive or unnecessary (e.g. formal valuation reports and certain company bank statements); specific questions in each party’s questionnaire were allowed or disallowed accordingly and timed disclosure was ordered with costs reserved as costs in the c…

  • 13 Mar 2017

    YCM v. LJ

    Citation
    YCM v. LJ
    Court
    Family Court
    Case number
    FCMC6812/2016

    The court applied the duty of full and frank disclosure and the principles of relevance and necessity to compel the husband to answer and produce specified documents and limited disclosures to defined time periods where appropriate, while refusing questions lacking a factual basis; discovery was partially granted with specific limits and timelines and costs awarded in part to the wife.

  • 19 Apr 2016

    AWK also known as AWK, Y v. MLTH also known as MTH

    Citation
    AWK also known as AWK, Y v. MLTH also known as MTH
    Court
    Family Court
    Case number
    FCMC2454/2014

    Court granted leave for the respondent's forensic accountant to file a fourth affirmation to address new issues but refused the wife's broad discovery requests as disproportionate to the needs of an effective FDR; the husband had already answered key questionnaire items and the extensive historical UBS disclosure sought was unnecessary and would be unduly costly; costs orders were made reflecting relative success on discovery and recent applications.

  • 27 Jul 2015

    CKK v. WMYA

    Citation
    CKK v. WMYA
    Court
    Family Court
    Case number
    FCMC10089/2007

    The court held that the disputed requests were relevant to the petitioner’s needs and standard of living and therefore disclosure must be ordered; audited company figures suffice for the identified company liability so no further sworn confirmation was necessary, but the petitioner must provide particulars and documentary support for specified expenditure items, unredacted and legible copies of the documents redacted on trade secret grounds, and credit card statements or bank letters for the last 12 months; costs were reserved.

  • 3 Jan 2014

    FCP v. CJLY

    Citation
    FCP v. CJLY
    Court
    Family Court
    Case number
    FCMC6202/2012

    The court refused the Wife's broad application for specific discovery of virtually all JHL documents and extensive explanations of numerous personal transactions as disproportionate and unnecessary at this stage, but directed the Husband to have his accountants explain the turnover discrepancy in writing within one month and ordered production of documents relating to the French proceedings (JLL SARL) within 14 days of receipt; credit card and outstanding bank statements already provided and costs to be in the cause (order nisi).