Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Leave to enforce arrears

  • 19 Sept 2019

    CX v. FCM

    Citation
    [2019] HKFC 245
    Court
    Family Court
    Case number
    FCMC6410/2007

    Leave was granted because the Petitioner had taken reasonable steps to pursue the outstanding sum, the delay in commencing proceedings was not excessive given her residence in Shanghai and attendant costs, the Respondent did not dispute the outstanding amount, and special circumstances existed; the court therefore allowed enforcement of RMB268,000 and ordered the Respondent to pay HK$5,785 shortfall within 14 days.

  • 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…

  • 16 May 1995

    Re: FU HAY KIN v. Ex Parte: FU LO LAI LIN

    Citation
    Re: FU HAY KIN v. Ex Parte: FU LO LAI LIN
    Court
    Court of First Instance
    Case number
    HCB279/1994

    Because the underlying order fell within s4(1) and s12(1) required leave to enforce arrears older than twelve months and no leave had been obtained, the judgment sum was not immediately due and payable; therefore the bankruptcy notice was invalid and the bankruptcy proceedings had to be set aside.