Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Financial misconduct/dissipation

  • 24 Sept 2013

    MKKWH v. RKSH

    Citation
    MKKWH v. RKSH
    Court
    Court of Appeal
    Case number
    CACV197/2012

    Non‑marital expenditure can be considered as conduct under section 7(1) but an add‑back (re‑attribution) requires clear evidence of dissipation that is wanton/reckless/extravagant or otherwise obvious and gross; absent that threshold and given the trial judge's findings on post‑separation contribution and lack of recklessness, refusal to depart from equal distribution was not plainly wrong. Conversely, a claw‑back to capture a realistic redevelopment windfall is justified to achieve fairness and was imposed in this case, and the payment figure for share transfer was corrected to reflect the w…

  • 27 Jul 2010

    KMD v. PIB

    Citation
    KMD v. PIB
    Court
    Family Court
    Case number
    FCMC14665/2007

    Court held parties did not maintain wholly separate finances; LS was partly pre‑marital (approx 11%) but for fairness was included in the asset pool; husband found to have recklessly overspent and dissipated assets largely on flying/helicopter expenditures and holidays and HK$1.2M was to be notionally added back to the asset computation; applying need, compensation and sharing the court awarded the wife a lump sum of HK$500,000 payable within 28 days and ordered the husband to pay one third of the wife’s costs (order nisi).