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Hong Kong Case Law

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Family law [2022] HKFC 214

LPM v. LKH

Ancillary relief trial in which the court included 46F, 21G and 51E in the matrimonial pool, set aside HK$8,776,000 for the daughter, and divided the rest 60/40 in favour of W.

  • Ancillary relief
  • Division of assets
  • Non-matrimonial property
  • Section 7 mppo exercise
  • Matrimonial home
  • Bare trust/beneficial ownership
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Family law [2018] HKFC 8

MGB aka MAG v. GCB

The court refused to vary a no order as to costs in ancillary relief proceedings, granted no costs on the husband’s application, and allowed leave to appeal on nominal maintenance.

  • Ancillary relief
  • Calderbank/without prejudice offers
  • Costs orders
  • Clean break orders
  • Maintenance
  • Division of matrimonial assets
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Family law KWP v. LCM

KWP v. LCM

Ancillary relief judgment rejecting a claimed trust over the matrimonial home, delaying its sale until 1 September 2017, and awarding 55% of net proceeds to the wife.

  • Division of matrimonial property
  • Constructive/common intention trust
  • Timing of sale of matrimonial home
  • Dissipation of assets
  • Section 7 factors
  • Clean break orders
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Family law YU v. HO

YU v. HO

District Court ancillary relief decision on divorce finances, with findings of gambling dissipation, non-disclosure, and a departure from equal sharing.

  • Asset valuation and distribution
  • Conduct and dissipation (gambling)
  • Maintenance pending suit (mps)
  • Full and frank disclosure
  • Section 7 mppo considerations
  • Clean break orders
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Family law SDY v. KSLS

SDY v. KSLS

Ancillary relief decision on asset division, child maintenance, and a passport dispute in a short marriage. The court treated most father’s advances as gifts and ordered a clean break.

  • Ancillary relief
  • Property division
  • Non-matrimonial property
  • Gifts versus loans
  • Maintenance for child
  • Custody and passport possession
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Family law W v. C

W v. C

Ancillary relief decision in which the court ordered the respondent to transfer his interest in the Chaiwan Property to the petitioner on a clean-break basis.

  • Property transfer
  • Periodical payments (maintenance)
  • Clean break orders
  • Financial disclosure
  • Earning capacity
  • Conduct
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Family law F v. F

F v. F

Ancillary relief judgment on divorce: the court held it was bound by Hong Kong authority, assessed the wife’s needs under MPPO s.7, and ordered maintenance and capital provision.

  • Clean break orders
  • Duxbury calculation
  • White v white principles vs reasonable requirements
  • Child of the family status
  • Pre‑nuptial/ante‑nuptial arrangements
  • Cohabitation and duration
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Family law NORMAN ERIC TOMLIN v. MICHELE HELENE TOMLIN

NORMAN ERIC TOMLIN v. MICHELE HELENE TOMLIN

The court struck out a husband’s separate claim over funds a wife had allegedly siphoned during the marriage, holding the issue was already taken into account in a clean-break consent order.

  • Ancillary relief
  • Clean break orders
  • Issue estoppel
  • Res judicata
  • Conversion
  • Damages
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Family law MARTYN HUGH THOMSON v. NOREEN KATHERINE MCMULLEN THOMSON

MARTYN HUGH THOMSON v. NOREEN KATHERINE MCMULLEN THOMSON

Appeal against a time-limited maintenance order was dismissed. The Court held the wife could still seek variation under s.11 and found no breach of natural justice.

  • Variation of periodical payments
  • Ancillary relief
  • Natural justice and notice
  • Clean break orders
  • Family-law
  • Maintenance
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About this LexChat collection

Hong Kong decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.