Hong Kong Case Law: Decisions & Judgments

Topic

Maintenance/periodical payments

Legal area

Court

17 Apr 2024

ALDL v. FTFC

Citation

[2024] HKFC 70
Court

Family Court
Case number

FCMC13698/2013

On the balance of probabilities the court found separation occurred in July 2012; accepted expert evidence diagnosing W with ME/CFS and that she has minimal earning capacity; assessed the family pot at approximately HK$32.7 million and W's reasonable needs at HK$260,700 per month (HK$3,128,400 p.a.); concluded assets insufficient for a clean break and ordered a lifelong joint-lives periodical payment of HK$260,700 per month to W commencing 1 May 2024, discharged prior undertakings and dismissed other ancillary relief claims; awarded costs nisi in favour of W (80%).
6 Jul 2018

CWK v. PTK

Citation

[2018] HKFC 104
Court

Family Court
Case number

FCMC11235/2010

The Husband's applications to adjourn and to add the Wife's mother and brother were dismissed for undue delay, lack of proper procedure and because prior orders (8 December 2015) precluded re-opening the issue of beneficial ownership; the Husband, adjudged bankrupt with assets vested in the Official Receiver and without relevant change of circumstances or OR approval, lacked locus to re-open those company ownership claims; the only significant matrimonial asset was the Ontario proceeds which were ordered paid to the children; both parties had earning capacity so a clean break was fair and anc…
14 Jul 2014

ZYM also known as ZYM v. LYK AND OTHERS

Citation

ZYM also known as ZYM v. LYK AND OTHERS
Court

Family Court
Case number

FCMC14539/2007

Leave to appeal refused for both the Husband and the 3rd Respondent because the trial judge's findings of sham arrangements, material non-disclosure and the adverse inference drawn were supported by the evidence, the assessment of earning capacity and s7 MPPO discretionary orders were within the generous ambit of reasonable disagreement and not plainly wrong, and the costs decision was a proper exercise of discretion; the costs nisi was made absolute.
10 Jul 2013

CWG v. MH AND OTHERS

Citation

CWG v. MH AND OTHERS
Court

Court of First Instance
Case number

HCMP643/2012

The court found the husband in contempt of the MPS Order and paragraph 1 of the Order; the contempt was wilful, contumacious and impeded the course of justice; applying Hadkinson principles the court ordered that the husband would not be heard on his stay application unless and until he complied with specified proportionate conditions to purge contempt (undertakings and payment of specified arrears and costs); the preliminary question as to R2's entitlement to be heard was adjourned for consideration of waiver of the disclosure order.
24 Jun 2011

WCY v. CTL

Citation

WCY v. CTL
Court

Family Court
Case number

FCMC6428/2008

On balance of probabilities the husband proved he had no beneficial interest in the Tung Hei Court property and rebutted the s.17 presumption; section 17 relief to set aside the transfer was not granted; ancillary relief was awarded based on findings of the parties' respective financial positions and husband's ability to borrow, resulting in ordered periodical payments and a lump sum for the wife.

Hong Kong Case Law

ALDL v. FTFC

CWK v. PTK

ZYM also known as ZYM v. LYK AND OTHERS

CWG v. MH AND OTHERS

WCY v. CTL