24 Sept 2013
MKKWH v. RKSH
- Citation
- MKKWH v. RKSH
- Court
- Court of Appeal
- Case number
- CACV197/2012
Non‑marital expenditure can be considered as conduct under section 7(1) but an add‑back (re‑attribution) requires clear evidence of dissipation that is wanton/reckless/extravagant or otherwise obvious and gross; absent that threshold and given the trial judge's findings on post‑separation contribution and lack of recklessness, refusal to depart from equal distribution was not plainly wrong. Conversely, a claw‑back to capture a realistic redevelopment windfall is justified to achieve fairness and was imposed in this case, and the payment figure for share transfer was corrected to reflect the w…