Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Illiquid assets
  • 13 Jan 1995

    FEI TAI CHUNG v. GLORIA FEI then GLORIA YUN GEE

    Citation
    FEI TAI CHUNG v. GLORIA FEI then GLORIA YUN GEE
    Court
    Court of Appeal
    Case number
    CACV170/1994

    The Court of Appeal held that the trial judge's award for the wife's interest in the matrimonial home (effectively HK$5.6m) imposed an unjust and excessive burden on the husband given his lack of liquid assets and the practical cost of servicing a mortgage; the judge ought to have given weight to the husband's illiquid US$500,000 joint venture investment as a foreseeable source of return. Balancing the parties' needs under s.7(1) and the objective of a fair 'clean break', the appeal was allowed in part and the lump sum attributable to the wife's interest in the flat reduced to HK$4,000,000.