Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Equal division

  • 18 Jul 2024

    KKSR v. CLH aka ZL

    Citation
    [2024] HKFC 141
    Court
    Family Court
    Case number
    FCMC13299/2019

    The judge found H gave unsatisfactory, evasive and dishonest evidence, failed deplorably in the duty of full and frank disclosure and failed to account for substantial sale proceeds and income; that misconduct met the high threshold for conduct to be taken into account under section 7; consequently the starting equal-division yardstick was displaced and a departure to 55% to W and 45% to H produced a fair outcome, together with specific orders (transfer of Cambodia property, equalization payment, secured child maintenance and costs in favour of W).

  • 25 May 2007

    L v. C

    Citation
    L v. C
    Court
    Court of Appeal
    Case number
    CACV181/2006

    The Court of Appeal held the trial judge erred in principle by re-opening and adjusting the parties' negotiated agreements on the basis of a separate 'inherent fairness' valuation exercise; where the parties intended the agreements as a clean break and acted upon them with legal advice, the assets allocated under those agreements should be put to one side and their values ignored when dividing the remaining matrimonial assets. The wife's deliberate non-disclosure warranted an adverse adjustment of HK$25,000,000 (as allowed by the trial judge) and the trial judge's figure calculations containe…