Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Maintenance pending suit
  • 11 Apr 2025

    KKH v. PKH (Formerly known as PSV)

    Citation
    [2025] HKCA 341
    Court
    Court of Appeal
    Case number
    CAMP129/2024

    Leave to appeal was refused because the husband failed to demonstrate an arguable case with reasonable prospects of success and failed to show the judge's exercise of discretion was plainly wrong; the judge had considered and rejected the grounds as lacking merit and there was no special reason to depart from the usual approach to MPS appeals.

  • 31 Dec 2024

    TKY v. YSGA

    Citation
    [2024] HKCA 1197
    Court
    Court of Appeal
    Case number
    CACV170/2024

    The Court allowed the husband’s appeal, set aside the HK$1,200,000 LCP Order because the Family Court’s decision relied on incomplete and outdated financial disclosure and contained errors in assessing the wife's disposable income and expenses, rendering the LCP unjustified at that interim stage; the matter was remitted to the Family Court for rehearing before another judge with leave granted to adduce certain fresh documentary evidence (25 August 2023 correspondence), while the husband's parents' letter did not satisfy Ladd v Marshall and was refused as fresh evidence.

  • 16 Aug 2024

    LM v. FW

    Citation
    [2024] HKFC 150
    Court
    Family Court
    Case number
    FCMC7076/2022

    Leave to appeal was granted only on the discrete legal question of whether and how a pre-nuptial agreement should be considered in maintenance pending suit or interim maintenance where a Crossley application on the agreement's validity is pending because there is no appellate authority and the issue affects the future conduct of the case; all other grounds lacked reasonable prospects of success and a stay of execution was refused in absence of a proper application.

  • 9 Aug 2024

    PMCL also known as LMC also known as KLMC v. AKK also known as KAK AND ANOTHER

    Citation
    [2024] HKFC 125
    Court
    Family Court
    Case number
    FCMC11521/2015

    Maintenance pending suit cannot be awarded for periods before the petition or after decree absolute; R1's MPS Summons was procedurally and substantively defective (no timely application before decree absolute, insufficient evidential proof of need, adult children not entitled after s18 declaration), and no very good or compelling reason existed to stay proceedings; therefore both the MPS and Stay Summons were dismissed and costs awarded to the Petitioner.

  • 6 Aug 2024

    T, RH v. K, CS

    Citation
    [2024] HKFC 151
    Court
    Family Court
    Case number
    FCMC8704/2023

    The court accepted the petitioner father's current undertakings as reasonable; quantified additional interim reasonable needs of the mother and children at HK$447,432 per month; found the father has ability to make direct monetary contribution up to HK$250,000 per month in addition to the undertakings and that the mother has material resources (including annuity HK$65,000/month and approximately HK$16,000,000 held by the father); therefore the court ordered an equal sharing of interim reasonable needs, directing the father to pay HK$225,000 per month (HK$75,000 to the mother and HK$75,000 to…

  • 31 Jul 2024

    LC v. YM

    Citation
    [2024] HKFC 146
    Court
    Family Court
    Case number
    FCMC8974/2022

    The court found the Respondent's pleaded expenses materially exaggerated, accepted adjusted reasonable expenditure figures largely along the Petitioner's proposals, found the Petitioner had means to pay interim maintenance (supported by his prior consent to pay RMB30,000), awarded maintenance pending suit for the Respondent at HK$11,000 per month and interim maintenance for the Eldest Son at HK$23,000 per month commencing 18 August 2024, refused to backdate payments, dismissed paragraph 4 of the Respondent's summons, discharged paragraph 1 of the 11 December 2023 order, and ordered costs nisi…

  • 5 Jul 2024

    H v. W

    Citation
    [2024] HKFC 135
    Court
    Family Court
    Case number
    FCMC8332/2017

    Leave to appeal was refused because the Husband failed to demonstrate a reasonable prospect of success or any other reason in the interests of justice; the judge did not err in exercising broad discretionary evaluation of finances, including the Husbands ability to borrow and the reasonableness of the Wifes expenses, and no serious hardship was shown that would justify departing from the usual approach of leaving detailed assessment to ancillary relief.

  • 7 May 2024

    PMCL also known as LMC also known as KLMC v. AKK also known as KAK AND ANOTHER

    Citation
    [2024] HKFC 99
    Court
    Family Court
    Case number
    FCMC11521/2015

    R1 breached a clear CMH Order to file and exchange a further updated Form E; because current financial disclosure is relevant to the MPS application and R1 failed to comply without merit, the court exercised case management powers to impose an unless order requiring filing within 28 days or dismissal of the MPS Summons, and ordered costs to P to be summarily assessed.

  • 16 Feb 2024

    LCTD v. CKMC

    Citation
    [2024] HKFC 31
    Court
    Family Court
    Case number
    FCMC6340/2018

    The judge applied the statutory power under s.3 MPPO and the established interim maintenance principles: accepted the husband’s reasonable monthly needs (HK$130,000) and his current earnings (HK$30,000) producing a shortfall of ~HK$100,000, and found the wife has sufficient means such that an interim award should be made; on LCP the judge limited the quantum because the beneficial ownership/value of key assets was disputed and the SJE report reduced the valuation, so awarded a focused LCP to cover the imminent June 2024 preliminary trial (30% of claimed costs up to that hearing) resulting in…