Hong Kong Case Law: Decisions & Judgments

Topic

Assessment of needs

Legal area

Court

17 Oct 2024

ALDL v. FTFC AND ANOTHER

Citation

[2024] HKFC 193
Court

Family Court
Case number

FCMC13698/2013

Applying s63A(2) DCO the judge found neither applicant demonstrated an arguable appeal with reasonable prospects of success: key grounds were either not raised at trial or would not change the outcome; discretionary assessments (needs, interim adjustments, security) were not plainly wrong; accordingly leave to appeal for both parties was refused and there was no order as to costs of the leave applications.
14 Oct 2024

潘對陳

Citation

[2024] HKFC 190
Court

Family Court
Case number

FCMC3648/2023

Applying Cap.192 s.7 factors and LKW v DD guidance, the court found both parties have sufficient means to support themselves (no spousal maintenance awarded), assessed the child's reasonable needs at approximately HK$9,500 per month, evaluated each parent's income and obligations (including respondent's caregiving constraints and applicant's government allowances), rejected allegations of undisclosed valuable assets for lack of evidence, and ordered respondent to pay child maintenance HK$800 per month and to transfer HK$10,900 in red-envelope funds to applicant for the child's benefit.
15 Mar 2023

鄭對孫

Citation

[2023] HKFC 53
Court

Family Court
Case number

FCJA3914/2018

The court found the husband had not made full and frank disclosure and, on the evidence (including the social welfare report and wife's account), drew an adverse inference that the husband had additional undeclared income (likely trading activity). On that basis the court concluded the husband has the capacity to pay HK$3,000 per month and ordered that sum as child maintenance payable from 1 April 2023.
21 Jun 2007

S v. Y

Citation

S v. Y
Court

Family Court
Case number

FCMC8775/1998

The Husband failed to make full and frank disclosure and evidence showed a likely close relationship and financial interdependence between the Husband/company and M (the new spouse's company), so the court inferred the Husband has means to meet the original payments; however the Wife also failed to fully account for the lump sum so her reasonable needs were reduced. Applying s.11(7) MPPO and all circumstances the court ordered child maintenance to continue at HK$13,000 until June 1, 2007 and reduced the Wife's maintenance from HK$12,000 to HK$7,500 from February 1, 2007; costs ordered to the…
18 Mar 1986

CONNIE WAI HAN TANG YUNG v. STEPHEN WILLIAM KWING PUI YUNG

Citation

CONNIE WAI HAN TANG YUNG v. STEPHEN WILLIAM KWING PUI YUNG
Court

Court of Appeal
Case number

CACV201/1985

The District Judge's award of HK$35,000 per month was outside the permissible bracket on the evidence before him because he failed to provide a proper breakdown and relied on irrelevant material; the Court of Appeal substituted a justified figure of HK$22,000 per month based on reasonable monthly allocations for rent, pocket money, living expenses and travel/presents.

Hong Kong Case Law

ALDL v. FTFC AND ANOTHER

潘 對 陳

鄭 對 孫

S v. Y

CONNIE WAI HAN TANG YUNG v. STEPHEN WILLIAM KWING PUI YUNG

潘對陳

鄭對孫