31 Mar 2025
The court held that despite unresolved ancillary relief and problematical financial provision, the arrangements for the child's welfare are the best that can be devised in the circumstances and a Section 18 declaration was proper; therefore the Decree Nisi was made absolute and the father's opposition did not raise any new substantive matter to prevent that order.
12 Dec 2024
On balance the court found the respondent remarried in October 2010 which terminated the maintenance order; the petitioner continued payments under a mistaken belief until June 2022; there was credible evidence the respondent concealed the remarriage and sought to frustrate recovery (including a reverse mortgage); accordingly it was not unjust to order full repayment under s.23 MPPO and the appeal failed.
12 Nov 2024
Leave to appeal was refused because the applicant failed to demonstrate a reasonable prospect of success or any other reason in the interests of justice; the lower court's interim injunction preserving HKD800,000 in the husband's MPF was a lawful, proportionate and factually supported exercise of discretion to prevent dissipation of assets pending ancillary relief, and appellate intervention was not warranted.
9 Aug 2024
After identifying and valuing the matrimonial assets and disputed items the Court applied the LKD v DD framework and found no good reason to depart from equal sharing; it rejected most allegations of wanton dissipation but found the Respondent had retained HK$280,000 from multiple unexplained cash withdrawals (re‑attributed to his cash savings), valued the Wife's 45% shareholding in EBL at HK$150,000 and the contested insurance policy at account value HK$865,744; ordering sale of the principal property and equal division of net proceeds, a lump sum payment by the Respondent of HK$2,330,103 wi…
18 Jul 2024
The judge found H gave unsatisfactory, evasive and dishonest evidence, failed deplorably in the duty of full and frank disclosure and failed to account for substantial sale proceeds and income; that misconduct met the high threshold for conduct to be taken into account under section 7; consequently the starting equal-division yardstick was displaced and a departure to 55% to W and 45% to H produced a fair outcome, together with specific orders (transfer of Cambodia property, equalization payment, secured child maintenance and costs in favour of W).
30 Apr 2024
A child born by surrogacy may be a 'child of the family' under s2 MPPO if the commissioning parents have treated the child as a child of their family; therefore the court (Family Court or CFI) has jurisdiction under s19(1) MPPO to make custody and maintenance orders for such children without a parental order or adoption order being in place, subject to protecting any third party rights under s19(2).
1 Mar 2024
Applying the family‑law discretionary approach and assessing the case on an overall impression, the court concluded no order as to costs between the husband and the wife and no order as to costs between the husband and the wife's parents because neither party was overall successful, the parents' involvement was limited, there were no formal findings setting aside the Section 17 transfers, and the husband's significant disclosure failures meant his costs application must fail; however the husband must bear the costs of the costs application by reason of his unsuccessful application.
11 Oct 2023
One‑day late filing was excused because delay was minimal and caused no prejudice; permission to appeal was refused because applicant failed to demonstrate a reasonable prospect of success or other reasons warranting a hearing and did not show any plainly wrong factual findings; the provisional costs order was varied so respondent may recover party‑and‑party costs only for the trial days after respondent's open offer (trial days 2–4) and, absent agreement, those costs are to be assessed by the court; no separate costs order is made for the two summonses and the provisional costs order will be…
8 Aug 2023
The application for leave to appeal was refused because the proposed grounds were challenges to the trial judge's findings on credibility and fact which did not demonstrate that the judge was plainly wrong; there was insufficient credible evidence that the Deceased provided the purchase money or that the Property was held on trust, so the sale order under the Charging Order was properly made.
24 Mar 2023
Sole custody, care and control granted to the Father because (1) the best interests of the Child require stability and the Father is able to provide a stable home environment; (2) the Child expressed a clear preference to live with the Father and has a close relationship with him; (3) MDCC and police did not establish sexual abuse and there is no evidence the Child has suffered or is at risk of harm in the Father's care; (4) the parents' relationship and entrenched mistrust make joint custody impracticable; and (5) the Mother’s visa/employment situation creates material uncertainty about her…