Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Mesher order

  • 29 Jan 2016

    MELCO CROWN GAMING (MACAU) LTD v. WONG YAM TAK

    Citation
    MELCO CROWN GAMING (MACAU) LTD v. WONG YAM TAK
    Court
    Court of First Instance
    Case number
    HCA238/2013

    On the facts the Property was a matrimonial asset held beneficially 50/50 by the parties; applying s20(3) High Court Ordinance and authorities balancing creditor expectations and spouse hardship, there was no demonstrated serious hardship to refuse enforcement, and therefore the charging order nisi should be made absolute over the defendant's half share while the intervener remains in occupation; the subsequent Consent Order did not defeat the prior charging order.

  • 14 Oct 2014

    CWK v. KJE

    Citation
    CWK v. KJE
    Court
    Family Court
    Case number
    FCMC1080/2003

    On the balance of probabilities there was no reliable evidence that the husband paid the full ordered maintenance; the property purchased during divorce is an asset open to claim; equitable relief requires protecting the child's housing needs so a mesher style order was appropriate: sever joint tenancy to tenants in common, order sale delayed until six months after the younger child completes full-time education with net proceeds split 50:50, and vary the younger child maintenance to HK$1,000 per month from 1 November 2014; costs reserved with order nisi to be made absolute in 14 days.

  • 30 Jun 2014

    CCL V. CWK

    Citation
    CCL V. CWK
    Court
    Family Court
    Case number
    FCMC11465/2012

    Applying s.4 and s.7 MPPO and the LKW v DD framework, the court assessed the parties\u2019 resources and needs, found the children\u2019s reasonable non-accommodation monthly expenses HK$31,311, apportioned responsibility 55% to the Husband (rounded to HK$17,500 per month), declined to order secured or lump sum payments as unnecessary, ordered sale of the matrimonial property between 31 Aug 2015 and 31 Oct 2015 to protect the children\u2019s schooling interests, and ordered the Husband to reimburse HK$6,000 per month from July 2011 to completion to be deducted from his share of sale proceeds;…