25 Mar 2013
PLTO v. KLK AND ANOTHER
- Citation
- PLTO v. KLK AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACV48/2012
The appeal court held that the Family Trust, being discretionary, should not be treated as wholly matrimonial assets; the realistic available resource was two-thirds of the trust (protecting K's likely one-third), the decree and evidence required treating separation as no earlier than 2007 for ancillary relief purposes so post-separation accrual did not justify departing from equality, and liquidity concerns should be addressed by the structure of orders not by reducing the wife's entitlement; accordingly the wife's award was increased to a lump sum of HK$510,400,000 payable in instalments.