Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Standard of living assessment

  • 30 Sept 2022

    LKY v. OCF

    Citation
    [2022] HKFC 206
    Court
    Family Court
    Case number
    FCMC7215/2021

    Applying a broad‑brush assessment of needs and means, the court found the wife had limited earning capacity and the husband was in a materially stronger position (including likely access to paternal support and significant assets held or purportedly held on trust); accordingly the husband’s undertaking of HK$22,500 was insufficient and must be increased by specific monthly orders: MPS HK$12,808.36 and interim maintenance for two children HK$31,780, with school fees and insurance to be paid direct; costs ordered nisi to husband.

  • 18 Nov 2020

    LHP v. HWCD

    Citation
    [2020] HKFC 231
    Court
    Family Court
    Case number
    FCMC1538/2020

    Applying the broad brush approach the court quantified the wife's and childrens reasonable monthly needs at HK$169,924.91, accepted the wife's monthly income at HK$80,756.50 yielding a net need of HK$89,168.41; assessed the husbands monthly income at HK$156,420 and his reasonable personal monthly expenses at HK$67,337 producing capacity of HK$89,083; disallowed the husbands claimed credit card repayment deduction and adjusted contested items (including apportioning car expenses and reducing insurance claim), and therefore ordered maintenance pending suit of HK$89,000 per month from 1 Decem…

  • 23 Jul 2019

    WW v. LLN formerly known as LSM

    Citation
    [2019] HKFC 188
    Court
    Family Court
    Case number
    FCMC4996/2018

    Applying a broad-brush fairness test under s.3 MPPO, the court found the wifes claimed budget overstated, reduced her interim reasonable needs to about HK$60,570 per month, found litigation funding appropriate because deployable funding was not shown and beneficial ownership of UK property was unresolved, refused to backdate MPS earlier than the application, and therefore ordered MPS HK$60,000/month and litigation funding HK$50,000/month from 1 August 2019 and a lump sum of HK$660,000 for Feb-July 2019.