Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Possession of matrimonial home
  • 27 Oct 2006

    P v. L

    Citation
    P v. L
    Court
    Family Court
    Case number
    FCMC3861/2002

    The court found that while the husbands behaviour warranted protection for the wife by a non-molestation order restraining assault or threats, the conduct did not justify the draconian remedy of an ouster order. The wife's covert re-occupation of the master bedroom and delay in pursuing the ouster application undermined her case; the husband's incidents were better characterised as emotional outbursts partly explainable by provocation and hearing impairment, so exclusion was not justified.