Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Backdating orders

  • 16 Nov 2021

    S-N N v. N W

    Citation
    [2021] HKFC 229
    Court
    Family Court
    Case number
    FCMC552/2020

    On a broad-brush interim assessment the court rejected the husband's asserted drastic income reduction and adverse limitations on his ability to pay, drew adverse inferences from incomplete disclosure and unexplained transfers, accepted the wife's assessed net monthly needs of HK$77,500, and exercised discretion to award interim legal costs contribution of HK$60,000 per month to achieve equality of arms until further order; backdating was refused and the prior interim order was discharged.

  • 13 Aug 2020

    LKYS v. CCW

    Citation
    [2020] HKFC 162
    Court
    Family Court
    Case number
    FCMC12075/2017

    On paper disposal the court found the petitioner established reasonable needs after excluding certain unsubstantiated/increased items and disallowed inadmissible evidence; drew adverse inferences and robust assumptions that the respondent's sole-proprietor company had understated income and therefore had capacity to pay; accordingly the court awarded MPS HK$8,600 per month to the petitioner, interim maintenance HK$45,800 per month for the children and litigation funding HK$10,000 per month, all backdated to 1 May 2020, and ordered costs nisi in favour of the petitioner to be assessed summaril…

  • 15 Aug 2013

    LSLR v. LHW

    Citation
    LSLR v. LHW
    Court
    Family Court
    Case number
    FCMC10819/2002

    On the balance of probabilities the judge accepted the husband\'s income had fallen (from around HK$60,000 to just under HK$40,000 a month) but found he remained able to contribute; the wife has income and assets and must maximise earning capacity; fairness required a reduction in wife\'s maintenance but not to zero, resulting in maintenance fixed at HK$3,500 per month backdated to 1 August 2012, with child maintenance of HK$3,000 to continue.

  • 20 May 2009

    Z v. KY

    Citation
    Z v. KY
    Court
    Family Court
    Case number
    FCMC15184/2002

    Court found a material change of circumstances in respect of the child’s education and that the Respondent had the ability to pay; Petitioner had not made full and frank disclosure and had earning capacity so her maintenance was not increased; child’s maintenance and education costs should be increased and school tuition paid by Respondent, with no backdating of variation to 24 April 2008.

  • 26 Aug 2008

    SRG v. ZMN

    Citation
    SRG v. ZMN
    Court
    Family Court
    Case number
    FCMC4794/2007

    On the broad-brush approach to maintenance pending suit the wife demonstrated reasonable needs of approximately HK$16,500 pm and earnings of HK$4,000 pm; the husband can reasonably pay an additional HK$12,500 pm. The increase was ordered from 15 July 2008 (one day after the application) rather than backdating to April 2007. The application for a contribution to litigation costs was refused because the wife had not yet applied for Legal Aid, appeared able to obtain Legal Aid, and had not substantiated her costs claim.