Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Standard of living

  • 3 Jul 2023

    AD (aka AT) v. RT

    Citation
    [2023] HKCFI 1717
    Court
    Court of First Instance
    Case number
    HCMC1/2022

    The court varied the 2020 order on the basis that the petitioner cannot reasonably obtain appropriate legal representation without further funding and that the respondent has the means to provide reasonable interim litigation funding and maintenance: litigation funding fixed at HK$120,000 per month from 1 October 2022; petitioner MPS set at HK$32,000 per month from 1 December 2022 to 31 March 2023 and HK$12,000 per month from 1 April 2023; interim maintenance for the child fixed at HK$42,000 per month from 1 December 2022; reasonable holiday and counselling costs included in the maintenance f…

  • 17 Aug 2020

    LZX v. LWY

    Citation
    [2020] HKFC 165
    Court
    Family Court
    Case number
    FCMC9613/2016

    Assessing evidence and applying s.7(2) factors the court adjusted individual expense items, apportioned household/helper costs 50% to child, rejected inclusion of the Husband's access-time expenditures in the computation of the child's reasonable expenses (but took them into account in assessing Husband's ability), found total reasonable child expenses HK$18,101 and ordered Husband to pay 60% = HK$10,860 per month.

  • 10 Jul 2020

    SM also known as HMS v. HDG

    Citation
    [2020] HKFC 139
    Court
    Family Court
    Case number
    FCMC3929/2016

    Because the Husband's disclosure was deficient and he has high earning capacity, the court applied a broad-brush assessment of immediate needs, fixed the Wife's and child's immediate needs at HK$54,800 per month, deducted an allowance for the Wife's earning capacity of HK$15,000, found a net need of HK$39,800 and ordered the Husband to pay HK$39,800 per month from 15 July 2020; backdating was refused and no order as to costs was made.

  • 21 Nov 2019

    C, M v. G, R P

    Citation
    [2019] HKFC 298
    Court
    Family Court
    Case number
    FCMC1915/2019

    The court granted interim maintenance of HK$4,000 per child per month (HK$8,000 total) because the Petitioner's itemised child expenses were reasonable, there was insufficient evidence that the Danish properties produced accessible net income to the Petitioner, it was reasonable not to impute a nominal income to the Petitioner while caring for a newborn, and the Respondent had capacity to pay an additional HK$3,000 per month above his existing payments.

  • 2 Apr 2019

    陳 對 支

    Citation
    [2019] HKFC 86
    Court
    Family Court
    Case number
    FCMC2471/2017

    Applying the broad brush approach the court accepted the wife's averaged income (HK$57,101.49) and adjusted her expenses to a reasonable level (HK$70,300), found the husband’s claimed HK$30,000 excessive given his retirement and limited assets, and concluded the wife has capacity to pay interim maintenance of HK$15,000 per month; ordered retroactive payment to 22 Feb 2018 totalling HK$210,000 to be paid in 10 instalments and ordered costs in favour of the husband.

  • 7 Dec 2018

    WJT v. YATM

    Citation
    [2018] HKFC 225
    Court
    Family Court
    Case number
    FCMP79/2017

    The court applied the O.24 r.7 prerequisites (relevance, existence, possession) and the Peruvian Guano relevance test, rejected blanket refusal based on asserted ability to pay, and ordered targeted discovery necessary to assess the Father’s financial means and the child’s pre‑separation standard of living while refusing requests that would be oppressive or unnecessary (e.g. formal valuation reports and certain company bank statements); specific questions in each party’s questionnaire were allowed or disallowed accordingly and timed disclosure was ordered with costs reserved as costs in the c…

  • 9 Dec 1976

    MARGARETA KRISTINA AGELL v. LARS CHRISTER AGELL

    Citation
    MARGARETA KRISTINA AGELL v. LARS CHRISTER AGELL
    Court
    District Court
    Case number
    DCCJ817/1976

    Respondent was ordered to pay maintenance pending suit because he had the capacity and obligation to support his former family despite having capital not currently producing income; the judge imputed an earning capacity of about $18,000 per month and, after accounting for use of the matrimonial house and school fees, fixed interim maintenance at $4,500 per month (commencing 22 October 1976) allocated $2,100 to the petitioner and $800 to each child.

  • 22 Mar 1969

    HUI SHIU WING v. CHEUNG YUK LIN

    Citation
    HUI SHIU WING v. CHEUNG YUK LIN
    Court
    Court of First Instance
    Case number
    HCMC52/1965

    Applying s.28 and authorities, and weighing the wife’s limited own fortune against the husband’s substantial means (despite minority holdings and liabilities) and the parties’ conduct, the court awarded a lump sum of $250,000 and annual maintenance of $60,000 (payable monthly) with two-thirds of that sum secured for the wife for life or until further order; petitioner to pay costs and counsel certificate granted.