Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Interim maintenance

  • 13 Oct 2025

    梁 對 陳

    Citation
    [2025] HKCA 926
    Court
    Court of Appeal
    Case number
    CAMP127/2024

    The applicant’s roughly 17‑month unexplained delay is excessive and unjustified and, on the merits, the proposed appeal has no real prospect of success because the trial judge’s interim maintenance decision was a permissible exercise of judicial discretion supported by the applicant’s own recorded admissions about income and willingness to pay; accordingly the court properly refused to grant leave out of time and declined to exercise discretion to permit the late appeal.

  • 11 Apr 2025

    KKH v. PKH (Formerly known as PSV)

    Citation
    [2025] HKCA 341
    Court
    Court of Appeal
    Case number
    CAMP129/2024

    Leave to appeal was refused because the husband failed to demonstrate an arguable case with reasonable prospects of success and failed to show the judge's exercise of discretion was plainly wrong; the judge had considered and rejected the grounds as lacking merit and there was no special reason to depart from the usual approach to MPS appeals.

  • 31 Dec 2024

    TKY v. YSGA

    Citation
    [2024] HKCA 1197
    Court
    Court of Appeal
    Case number
    CACV170/2024

    The Court allowed the husband’s appeal, set aside the HK$1,200,000 LCP Order because the Family Court’s decision relied on incomplete and outdated financial disclosure and contained errors in assessing the wife's disposable income and expenses, rendering the LCP unjustified at that interim stage; the matter was remitted to the Family Court for rehearing before another judge with leave granted to adduce certain fresh documentary evidence (25 August 2023 correspondence), while the husband's parents' letter did not satisfy Ladd v Marshall and was refused as fresh evidence.

  • 13 Dec 2024

    H v. W

    Citation
    [2024] HKFC 226
    Court
    Family Court
    Case number
    FCMC8332/2017

    On balance of welfare and evidence the court found it was not in A’s best interests to change care and control to the Father; the Mother's relocation proposal to Singapore was genuine and realistic, supported by reports and A's expressed wishes, and granted subject to a mirror order in Singapore and a court undertaking to return A if required; access and transitional arrangements and specified financial variations were ordered; a Section 18 declaration was pronounced enabling the Mother to apply to make the decree nisi absolute.

  • 27 Aug 2024

    黎 對 凌

    Citation
    [2024] HKCA 812
    Court
    Court of Appeal
    Case number
    CAMP65/2024

    Father failed to demonstrate a reasonable prospect of success or other public interest reasons for granting leave; the trial judges did not commit legal or principle errors in assessing interim maintenance or in exercising discretion over travel permission and their factual findings were supported by evidence, including mother's compliance in returning the child.

  • 16 Aug 2024

    LM v. FW

    Citation
    [2024] HKFC 150
    Court
    Family Court
    Case number
    FCMC7076/2022

    Leave to appeal was granted only on the discrete legal question of whether and how a pre-nuptial agreement should be considered in maintenance pending suit or interim maintenance where a Crossley application on the agreement's validity is pending because there is no appellate authority and the issue affects the future conduct of the case; all other grounds lacked reasonable prospects of success and a stay of execution was refused in absence of a proper application.

  • 16 Aug 2024

    WLK by MYW her next friend v. CCIW AND OTHERS

    Citation
    [2024] HKFC 157
    Court
    Family Court
    Case number
    FCMP176/2019

    On the balance of probabilities the court found insufficient evidence that the marriage had permanently broken down (no 'fossil marriage'), no reliable evidence of a HK$1,000,000 clean‑break payment or agreement, and credible evidence (notably R3) that the deceased intended the children to use estate proceeds to look after the wife; having regard to wife's age, dementia, lack of resources, estate size and statutory factors, the court exercised its discretion under Cap.481 to award the wife a lump sum equal to 50% of the net estate (less interim payments), with interim maintenance to continue…

  • 6 Aug 2024

    T, RH v. K, CS

    Citation
    [2024] HKFC 151
    Court
    Family Court
    Case number
    FCMC8704/2023

    The court accepted the petitioner father's current undertakings as reasonable; quantified additional interim reasonable needs of the mother and children at HK$447,432 per month; found the father has ability to make direct monetary contribution up to HK$250,000 per month in addition to the undertakings and that the mother has material resources (including annuity HK$65,000/month and approximately HK$16,000,000 held by the father); therefore the court ordered an equal sharing of interim reasonable needs, directing the father to pay HK$225,000 per month (HK$75,000 to the mother and HK$75,000 to…

  • 5 Jul 2024

    H v. W

    Citation
    [2024] HKFC 135
    Court
    Family Court
    Case number
    FCMC8332/2017

    Leave to appeal was refused because the Husband failed to demonstrate a reasonable prospect of success or any other reason in the interests of justice; the judge did not err in exercising broad discretionary evaluation of finances, including the Husbands ability to borrow and the reasonableness of the Wifes expenses, and no serious hardship was shown that would justify departing from the usual approach of leaving detailed assessment to ancillary relief.