2 Aug 2023
阮 對 黃
- Citation
- [2023] HKFC 149
- Court
- Family Court
- Case number
- FCMC1820/2021
維持現狀將兒子交予父親照顧及女兒由母親照顧，因為穩定與連續性符合兒童最佳利益：兒子已在父親處適應近三年、與父親及其支持網絡有強烈情感依附及學校社區連繫；母親未能證明其方案在可見將來優於現狀，且母親刻意隱瞞與男友同居及結婚的計劃，妨礙法庭對轉變影響作出評估並損害其誠信，故不得改變兒子的照顧安排；基於母親的行為亦作出訟費制裁。
Hong Kong Case Law
Legal aid and costs
30 Nov 2022
單柏霖 對 鄭偉強
- Citation
- [2022] HKCA 1752
- Court
- Court of Appeal
- Case number
- CACV465/2021
Appellant was shown to be impecunious and no sufficient countervailing factors (notably a realistic prospect of success) exist on a preliminary assessment; accordingly it is just and proportionate to order security for the respondent's costs of the appeal in the sum of HK$220,000 and to stay further appellate procedure until that security is paid and notice served.
27 Jan 2021
ANGBUHHANG NETRA JANG v. LAING O’ROURKE CONSTRUCTION HONG KONG LTD AND ANOTHER
- Citation
- [2021] HKCFI 232
- Court
- Court of First Instance
- Case number
- HCPI69/2015
Because the plaintiff failed to obtain a judgment better than the defendants' sanctioned payments, conducted the litigation unreasonably (including changing the account of the accident at trial and manifestly exaggerating quantum), and there was no injustice in doing so, the court exercised its discretion under Order 22 rule 23 to order indemnity costs from 26 February 2015 and to award enhanced interest at 10% above judgment rate on costs incurred after that date.
17 Nov 2016
VE (nee KE) v. VRJ
- Citation
- VE (nee KE) v. VRJ
- Court
- Family Court
- Case number
- FCMC7676/2011
There were unusual circumstances: the petitioner pursued a case that became hopeless after material expert evidence (Dr Levy) and, despite being legally represented, failed to moderate her stance for three months before giving evidence, causing significant costs; both parties were effectively insolvent so disparity of wealth did not preclude an award; therefore the costs order nisi should be varied and the petitioner ordered to pay half the respondent's costs of the specified children applications, taxed if not agreed, with the remaining half no order and the petitioner's legal aid costs taxe…
15 Dec 2014
TPL v. WYY formerly known as WYY
- Citation
- TPL v. WYY formerly known as WYY
- Court
- Court of Appeal
- Case number
- CACV47/2014
In children proceedings the starting point is no order as to costs; a limited and proportionate departure is justified where a party’s conduct is materially reprehensible (here the father's deliberate non‑disclosure of his girlfriend and imminent newborn who would reside with the children). It was irrelevant and impermissible for the judge to base a costs order on the fact that the mother was legally aided. Accordingly the original costs orders were set aside and replaced with proportionate orders: no order as to costs generally, but the father must pay half of the costs of the hearing in the…
26 Aug 2008
HWK v. TCWP
- Citation
- HWK v. TCWP
- Court
- Family Court
- Case number
- FCMC15424/2006
Applying s.7 factors and the evidence, the husband earns HK$19,150 per month and the wife has no earning capacity due to psychiatric illness; the court assessed the wife's needs at HK$4,000 per month and the child's needs at HK$4,800 per month and ordered periodical payments accordingly with attachment to the husband's salary and a costs order for the petitioner.
19 Jul 2007
MARTIN JACQUES AND ANOTHER v. HOSPITAL AUTHORITY
- Citation
- MARTIN JACQUES AND ANOTHER v. HOSPITAL AUTHORITY
- Court
- Court of First Instance
- Case number
- HCPI1162/2002
Security for costs ordered in sum of HK$250,000 because plaintiff is ordinarily resident outside Hong Kong, a valid legal aid certificate covers much of the defendants' likely costs on liability (leaving primarily costs before grant of legal aid and quantum for 2nd plaintiff uncovered), the application was not sufficiently late to bar relief, and the reduced amount is proportionate and will not stifle the claim.
24 Jun 2005
WKD v. YL
- Citation
- WKD v. YL
- Court
- Court of Appeal
- Case number
- CACV58/2003
The trial judge did not err in principle in assessing the wife’s needs and the husband’s resources or in concluding the wife was capable of earning; however the judge overlooked additional living costs the wife would incur during visits to Hong Kong, and the Court therefore varied the order to award an interim allowance of HK$10,000 per month pro rata for up to three months during visits; the appeal against the nominal maintenance award was otherwise dismissed.
23 Oct 2003
BANK OF CHINA (HONG KONG) LTD v. WONG KAM HO AND OTHERS
- Citation
- BANK OF CHINA (HONG KONG) LTD v. WONG KAM HO AND OTHERS
- Court
- Court of First Instance
- Case number
- HCMP3324/2002
Leave to appeal out of time was granted because the 4th defendant sufficiently explained the delay, she had not been aware of the proceedings and had not instructed the solicitors who purported to act for her, and she demonstrated a real and bona fide prospect of defence based on presumed undue influence such that the bank may have been put on inquiry and had not shown it took reasonable steps to avoid constructive notice; on balance the prejudice to the plaintiff was insufficient to outweigh these factors and a stay of execution was justified to prevent irreversible damage to the appellant's…
27 Jul 2000
ZHOU CUI HAO v. TING FUNG YEE
- Citation
- ZHOU CUI HAO v. TING FUNG YEE
- Court
- Court of First Instance
- Case number
- HCA7558/1996
Court found Defendant cohabited with deceased, proved she contributed HK$80,000 plus renovation outlay to purchase of Reclamation Street Property and that it was the parties' presumed intention she should have a half interest; constructive trust therefore imposed for a half share of the compensation and interest. Separately the court found a clear assurance and detrimental reliance in relation to Camp Street Property such that constructive trust and proprietary estoppel entitled Defendant to possession and legal and beneficial title to Camp Street Property.