Hong Kong Case Law: Decisions & Judgments

Topic

Matrimonial causes rules

Legal area

Court

31 Jan 2018

CHWS v. LNLAI

Citation

[2018] HKFC 16
Court

Family Court
Case number

FCJA3385/2013

Leave was granted to the 2nd Applicant to file and serve the 4th Questionnaire subject to specified limits because the requests were, on balance, necessary and proportionate for the fair disposal of ancillary relief given the scale of assets; the 1st Applicant must answer the questionnaire within prescribed times except for questions and limits set out in the Schedule (including tailored limits on company documents, provision of last annual returns for certain deregistered companies, production of missing bank statements, and disclosure of credit card and family expense items only above the m…
6 May 2016

RKL v. WL AND ANOTHER

Citation

RKL v. WL AND ANOTHER
Court

Court of Appeal
Case number

CACV9/2016

On the facts the 1st respondent's first Form 4, which stated he would not defend and sought to be heard on ancillary relief, objectively indicated acceptance of Hong Kong jurisdiction and therefore amounted to submission to the court; having submitted, he could not later challenge jurisdiction or forum without leave, so the appeal was dismissed.
22 Dec 1998

DANA MARIE GOETZ v. THOMAS EDWIN GOETZ

Citation

DANA MARIE GOETZ v. THOMAS EDWIN GOETZ
Court

Court of Appeal
Case number

CACV257/1998

The District Judge lacked jurisdiction to vary the maintenance order or remit arrears when only a judgment summons was before him; he should have dealt with the judgment summons under Rule 87(5) and therefore the variation and remission orders made on 2 December 1997 were set aside and the matter remitted to the District Court.
4 Jan 1975

LO KWAN WAI-CHING, MARILYN v. LO KWONG-HI AND ANOTHER

Citation

LO KWAN WAI-CHING, MARILYN v. LO KWONG-HI AND ANOTHER
Court

Family Court
Case number

FCMC186/1974

The District Judge had no jurisdiction to hear the 1st respondent's appeal and the matter must be transferred to a judge of the Supreme Court because the registrar either acted or was to be treated as acting in a capacity that gives rise to Supreme Court appellate jurisdiction; procedural omission to formalize transfer is curable but does not confer jurisdiction on the District Judge.
14 May 1970

GAIL ISOBEL TURNER v. JAMES GIENN TURNER AND ANOTHER

Citation

GAIL ISOBEL TURNER v. JAMES GIENN TURNER AND ANOTHER
Court

Court of First Instance
Case number

HCMC59/1968

Because Rule 64 of the Matrimonial Causes Rules 1968 prescribes enforcement by writ of fi. fa. or sequestration and does not provide for imprisonment, and Order 0.49B of the Rules of the Supreme Court does not apply to matrimonial causes in the circumstances, the court has no jurisdiction to include a direction for the arrest of the judgment‑debtor in the writ of fi. fa.; accordingly the requested arrest direction is refused.

Hong Kong Case Law

CHWS v. LNLAI

RKL v. WL AND ANOTHER

DANA MARIE GOETZ v. THOMAS EDWIN GOETZ

LO KWAN WAI-CHING, MARILYN v. LO KWONG-HI AND ANOTHER

GAIL ISOBEL TURNER v. JAMES GIENN TURNER AND ANOTHER