Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Pension sharing
  • 20 Sept 2021

    TJB or JBT v. DMT

    Citation
    [2021] HKFC 186
    Court
    Family Court
    Case number
    FCMC9861/2014

    The court assessed the parties' needs, found surplus assets after needs were met, applied the sharing principle and departed from equal division to award 40% to the husband and 60% to the wife because of the wife's greater future housing and financial needs; the nine Nepal properties were ordered sold with proceeds divided 40/60; the husband retains his British Army pension; a lump sum equalisation payment of HK$32,280 was ordered to the wife; costs were awarded to the husband (order nisi).

  • 12 May 2016

    HTL v. K, RE

    Citation
    HTL v. K, RE
    Court
    Court of First Instance
    Case number
    HCMP270/2016

    Leave to appeal was refused because the Court, applying s63A(2) District Court Ordinance, concluded the appeal had no reasonable prospect of success given the trial judge's well-supported factual findings on the husband's earning capacity, non-disclosure, litigation misconduct and the reasonableness of the ancillary relief award (including pension share); consequently the application was frivolous and vexatious and no oral reconsideration would be allowed under Order 59 Rule 2A(8).

  • 18 May 2015

    SSC (formerly known as SSF) v. TGC

    Citation
    SSC (formerly known as SSF) v. TGC
    Court
    Court of First Instance
    Case number
    HCMP315/2014

    Leave to appeal was refused because the Judge's ancillary relief order was a lawful exercise of discretion within the generous ambit for such decisions, the petitioner failed to show that the Judge's reasoning was plainly wrong or legally erroneous, and critical factual and legal contentions (notably US tax consequences) lacked requisite expert evidence so the Judge was entitled to disregard them.

  • 4 Jun 2012

    CWL v. LWK

    Citation
    CWL v. LWK
    Court
    Family Court
    Case number
    FCMC1100/2010

    Applying section 7 and the LKW v DD framework the court identified and quantified assets at trial date, made factual findings on disputed titles and intentions: (1) the $680,000 from Husband's parents was a gift (not deductible) based on estate administration records and surrounding conduct; (2) the 1.2M Kowloon City sale proceeds belonged to the father (despite executed DFA/DA) because of the siblings' and father's contemporaneous intention and the subsequent transfer of 1,120,000 to family; (3) Husband failed to prove any 50:50 beneficial interest of his father in the HSBC investment accoun…

  • 9 Jun 2009

    MRH v. GMHnK

    Citation
    MRH v. GMHnK
    Court
    Court of Appeal
    Case number
    CACV80/2008

    Appeal allowed in part: the court reduced the wife's pension share from 40% to 30% and removed any entitlement to the husband's share options because the judge erred in awarding future potential capital on top of already generous capital awards; the percentage-of-income order was replaced by fixed monthly periodical payments (HK$45,000 to the wife until 31 July 2017 or remarriage; HK$25,000 to the child until 18 or end of secondary education, thereafter direct to the child during university); certain provisions must be expressed as undertakings rather than enforceable orders; capital payment…

  • 15 Jun 2007

    LO v. WONG

    Citation
    LO v. WONG
    Court
    Family Court
    Case number
    FCMC9860/2005

    Court accepted respondent's evidence on bank movements, accounted certain expenditures against respondent's own share (legal costs and purchase costs of new property), calculated immediate distributable family assets at HK$4,197,915 (excluding pension), applied s.7 MPPO factors (age, duration, needs, contributions, health) and ordered a clean break by awarding the petitioner HK$2,076,000 lump sum, an HK$300,000 pension advance, a staged payment schedule with HK$1,000,000 immediate, sale of the former matrimonial property within 3 months with specified allocation of net proceeds, and a pension…

  • 25 Oct 2000

    H v. H

    Citation
    H v. H
    Court
    Court of Appeal
    Case number
    CACV322/1999

    The Court of Appeal found the trial judge's assessment materially flawed (failure to account for wife's new earnings and errors in asset characterization), substituted its own assessment, reduced the monthly maintenance payable by the husband for the children to HK$20,000, limited the wife's entitlement in respect of the husband's gratuity to 50% of the gratuity payable at the end of his current contract, ordered transfer of the wife's interest in the endowment policy to the husband, and set aside the blanket firm disqualification while preventing a specific solicitor from acting.