Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Post-nuptial settlement variation
  • 3 Apr 1968

    MAURICE ANDRE GENSBURGER v. EVELYN APRYL GENSBURGER AND OTHERS

    Citation
    MAURICE ANDRE GENSBURGER v. EVELYN APRYL GENSBURGER AND OTHERS
    Court
    Court of First Instance
    Case number
    HCMC113/1967

    Applying section 2 of the Infants Custody Ordinance and authorities, the court concluded the children's welfare is best served by remaining in their familiar home with the father: petitioner was the innocent party, competent and able to provide stability; respondent's repeated deception, temper, lack of contrition and risk of remarriage made her less suitable. The court awarded custody to the father and reasonable access to the mother and awarded compensatory damages against the second co-respondent in the sum of $40,000 (pecuniary loss $30,000; injury to feelings $10,000).