Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Transactions to defeat matrimonial claims (s17 cap.192)
  • 26 May 2017

    CL 對 LWP

    Citation
    CL 對 LWP
    Court
    Court of First Instance
    Case number
    HCMP3517/2016

    Permission to appeal was refused because the applicant failed to demonstrate a reasonable prospect of success or that the trial judge's factual findings were perverse; the trial judge correctly applied s17 shifting the evidential burden to the respondent who discharged it on the balance of probabilities; exclusion of the Lianwei property from the matrimonial pool was a fact-based finding supported by evidence; however permission to appeal is granted limited to the original trial costs order due to arguable issues on legal principle and fairness.

    • Maintenance (ancillary relief)
    • Transactions to defeat matrimonial claims (s17 cap.192)
    • Appeal standard on factual findings
    • Costs