18 May 2015
RAYMOND KIN SANG HUNG v. MIMI KAR KEE WONG HUNG (also known as MIMI KAR GEE WONG HUNG)
- Citation
- RAYMOND KIN SANG HUNG v. MIMI KAR KEE WONG HUNG (also known as MIMI KAR GEE WONG HUNG)
- Court
- Court of Final Appeal
- Case number
- FACV10/2014
The Court allowed the husband\'s appeal and set aside the clawback order because it was unfair and inappropriate on these facts: the prospective redevelopment benefit was speculative, the asset was held by a subsidiary of a listed company with other assets and liabilities so isolating one asset was unjust, the clawback would give the wife upside without sharing downside or investment risk, the clawback was not pleaded or argued at trial and ought not to have been raised on appeal absent exceptional circumstances, and the clean break and finality principles weighed against making such a future…