Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Assessment of means

  • 3 May 2022

    庾 v. 劉

    Citation
    [2022] HKFC 96
    Court
    Family Court
    Case number
    FCMC2567/2019

    Applying the broad‑brush approach and assessing reasonable needs against disclosed income and resources, the Court fixed the Petitioner’s reasonable needs at HK$16,010, credited her salary of HK$10,000 and found the Respondent had ability to pay HK$6,000 per month as maintenance pending suit; the order is backdated to the date of the Petitioner’s summons (28 October 2020); the Additional Bundle was not admitted where lodged without leave.

  • 8 Apr 2022

    TKM also known as WTKM v. WHG

    Citation
    [2022] HKFC 83
    Court
    Family Court
    Case number
    FCMC5723/2021

    On a broad‑brush interim assessment the court adjusted the petitioner's budget downwards item by item, apportioned general expenses half/half between petitioner and child, concluded respondent had ability to pay, and ordered maintenance pending suit HK$41,000/month for the petitioner and interim maintenance HK$38,000/month for the child, backdated to the first day of the month following 17 August 2021; credit to be given for sums paid since 17 August 2021 and costs reserve (order nisi).

  • 29 Jun 2020

    LYSC v. MSN

    Citation
    [2020] HKFC 130
    Court
    Family Court
    Case number
    FCMC13330/2017

    Applying s3 MPPO and HJFG v KCY principles the court assessed each party's reasonable interim needs and means, allowed the wife's housing and other reasonable expenses, adjusted personal and child expense claims, accepted an interim wife income of ~HK$15,000, found the husband able to pay, and ordered interim maintenance of HK$3,000/month to the wife and HK$6,750/month for the child, with the husband to continue paying up to HK$4,000/month of school and related educational costs; payments not backdated or secured.

  • 24 Dec 2019

    LSDS v. BX

    Citation
    [2019] HKFC 327
    Court
    Family Court
    Case number
    FCMC8189/2017

    The court accepted there was a material change in insurance cover due to the Father’s change of employment and partially released the original undertaking in so far as the Father is required to procure and pay for a China-based medical policy for the child and remain responsible for any shortfall, found both parties had committed material non-disclosure so both have means to contribute, re-assessed the child's needs (medical to be in Shanghai, nanny expense removed, certain household items reduced) and, balancing needs and means, varied interim maintenance to HK$21,000 per month from 1 Januar…

  • 22 Feb 2019

    YLK v. LWK

    Citation
    [2019] HKFC 42
    Court
    Family Court
    Case number
    FCMC3255/2018

    Applying the statutory test of reasonableness and a broad‑brush assessment of needs against respondent's income and fixed outgoings, the court found the joint reasonable monthly needs to be HK$26,726, assessed the petitioner and child's combined needs at HK$8,375 and the respondent's reasonable needs at HK$18,351, and ordered interim maintenance of HK$4,000 per month for the petitioner and HK$4,400 per month for the child commencing 1 March 2019 as fair and within the respondent's means; backdating was refused for want of funds.

  • 1 Feb 2018

    LWS v. MHS

    Citation
    [2018] HKFC 14
    Court
    Family Court
    Case number
    FCJA238/2014

    The court found a material change and sufficient evidence of the husband's limited means and psychiatric condition affecting his earning prospects, adjusted the child's reasonable monthly expenses to HKD 5,649, and ruled that the husband should pay HKD 1,000 per month for child maintenance effective January 2017 and thereafter until the child attains 18 or completes full-time education; the remainder of the husband's summons was dismissed and no costs order was made.

  • 14 Mar 2014

    HKSAR v. NANCY ANN KISSEL

    Citation
    HKSAR v. NANCY ANN KISSEL
    Court
    Court of Appeal
    Case number
    CACC66/2012

    Although the court found the applicant's grounds of appeal lacked merit and the respondent was entitled in principle to seek costs under s13, the court exercised its discretion to refuse the costs order because available evidence indicated the applicant's means were probably insubstantial and, given the unique circumstances (length of incarceration, sentence and health), imposing costs would be inappropriate.

  • 27 Aug 2008

    PCY v. CYW

    Citation
    PCY v. CYW
    Court
    Family Court
    Case number
    FCMC3630/2008

    On a broad-brush assessment of means the husband, earning ~HK$33,000/month with available funds and mortgage obligations, was ordered to pay interim maintenance: HK$8,500/month to the wife (inclusive of HK$5,000/month litigation contribution), HK$3,350/month for the elder child, and HK$2,000/month for each triplet; husband may draw up to HK$10,000/month from HK$700,000 held in bank to meet obligations; an order nisi for costs was made to be absolute in 14 days.

  • 12 Jul 1994

    HUI HON KIT v. LEUNG YUET MING

    Citation
    HUI HON KIT v. LEUNG YUET MING
    Court
    Court of Appeal
    Case number
    CACV63/1994

    The court allowed the appeal in part because the Deputy Judge failed to take into account the husband's admitted unchallenged available monthly balance; the wife's award of $3,000 was upheld but each child's interim maintenance was reduced from $2,000 to $1,000 so the total award fell within the husband's proven means, with payments to run from 1 March 1994.

  • 28 Oct 1975

    LO LEUNG LING KWAN v. LO KWOK FAI

    Citation
    LO LEUNG LING KWAN v. LO KWOK FAI
    Court
    Court of First Instance
    Case number
    HCMC29/1975

    Having assessed the evidence of both parties' means and needs, and despite the petitioner’s independent means, the court found some provision appropriate pending final settlement and exercised its discretion to award interim maintenance of $900 per month to the petitioner.