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Hong Kong Case Law

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Family law [2023] HKFC 93

吳 對 王

Court found separation date was July 2009; Cheung Sha Wan property was acquired after separation with respondent's post-separation funds and is non‑matrimonial (or justifies departure from equal sharing); applicant failed to make full, credible disclosure so adverse inferences applied; applicant's future need assessed at HK$3,240,000 minus disclosed assets (HK$98,723.11) but allowing an adverse inference reduced recovery to a fair lump sum of HK$2,513,000; ordered applicant to vacate Cheung Sha Wan property within 4 months and respondent to pay HK$2,513,000 in staged payments with respondent…

  • Separation date
  • Asset characterisation
  • Non-disclosure and adverse inference
  • Needs assessment
  • Departure from equal sharing
  • Occupancy orders
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Family law [2021] HKFC 94

鄧 對 陳

Refusal of the out‑of‑time leave application because the applicant delayed without adequate explanation, failed to comply with prior court directions, and failed to demonstrate any arguable or principled error in the trial judge's evaluation of evidence such that the appeal had realistic prospects of success.

  • Maintenance
  • Lump sum settlement
  • Occupation order
  • Leave to appeal
  • Extension of time
  • Costs
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Family law [2018] HKFC 44

WS v. CWK

The court decided costs in ancillary relief proceedings, limiting the petitioner’s costs to the trial hearing after she beat her without prejudice offer.

  • Ancillary relief
  • Calderbank offer
  • Costs orders
  • Lump sum settlement
  • Legal aid charging order
  • Calderbank-offer
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Family law D,AS then known as R,JP v. D,SKR

D,AS then known as R,JP v. D,SKR

Ancillary relief case on whether to rely on third-party family support. The court ordered a HK$1.6 million lump sum, jewellery return, child expenses, and nominal maintenance.

  • Judicious encouragement
  • Third party contributions
  • Lump sum settlement
  • Periodical maintenance
  • Costs
  • Custody
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Family law TCW v. LC

TCW v. LC

The Court of Appeal confirmed a no-order-as-to-costs nisi in a family appeal, holding costs remained discretionary and the result was fair on the facts.

  • Costs orders
  • Maintenance
  • Lump sum settlement
  • Calderbank offers
  • Refinancing
  • Family-law
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Family law N v. C

N v. C

The District Court granted ancillary relief in part, ordering a HK$2 million lump sum for the Wife, HK$16,000 monthly child maintenance, and a clean break.

  • Ancillary relief
  • Division of matrimonial assets
  • Lump sum settlement
  • Periodical payments for child
  • Clean break order
  • Costs
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Family law YUEN TOOMBS STEPHANIE DOWNS v. YUEN ELMER

YUEN TOOMBS STEPHANIE DOWNS v. YUEN ELMER

The court proceeded in the respondent’s absence, found non-disclosure and sham transfers, and awarded lump sums for the petitioner and children.

  • Ancillary relief
  • Lump sum settlement
  • Child maintenance
  • Setting aside transactions under s.17
  • Non‑disclosure and adverse inferences
  • Costs
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Family law KEIKO MARUKO v. YOSHIO MARUKO

KEIKO MARUKO v. YOSHIO MARUKO

Kwok? No. The Court of Appeal upheld a HK$10 million matrimonial property award, rejected the husband’s valuation and disclosure challenges, and approved security for staged payment.

  • Lump sum settlement
  • Business valuation
  • Full and frank disclosure
  • Security for payment
  • Earning capacity and contributions
  • Family-law
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Family law YING KA KWOK TANIA v. ELMER YUEN

YING KA KWOK TANIA v. ELMER YUEN

Ancillary relief judgment in a divorce case, awarding the petitioner HK$7.5 million by staged payments after finding she made substantial contributions to the family company.

  • Ancillary relief
  • Lump sum settlement
  • Asset disclosure
  • Beneficial ownership of company shares
  • Valuation date for contributions
  • Maintenance
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Family law HUI SHIU WING v. CHEUNG YUK LIN

HUI SHIU WING v. CHEUNG YUK LIN

The court awarded the wife a HK$250,000 lump sum and annual maintenance of HK$60,000, with two-thirds of the yearly sum secured for life.

  • Maintenance
  • Lump sum settlement
  • Secured payments
  • Conduct of parties
  • Assessment of assets and ability to pay
  • Family-law
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Hong Kong decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.