Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Interpretation of orders

  • 10 Oct 2022

    林 對 袁

    Citation
    [2022] HKFC 213
    Court
    Family Court
    Case number
    FCMC11085/2014

    Because the property was sold before the 1 June 2020 deadline para D did not impose a duty to provide D(ii) information and there was no breach; para F requires the sale price to be calculated by applying the specified residential per‑sq‑ft rate (taken as HK$12,039.44 for March 2020) multiplied by the residential area plus a minimum HK$900,000 for the parking, producing a market minimum of HK$11,121,484.56, and the applicant's sale at HK$9,830,000 created a shortfall of HK$1,291,484.56 payable into the son's account; the prior mortgage arrears HK$211,146 fall within the broad class of mortgag…

  • 21 Jun 2017

    盧 對 黃

    Citation
    盧 對 黃
    Court
    Court of First Instance
    Case number
    HCMP2372/2016

    The application for leave failed because the Court found the Court of Appeal order's language was plain: only expenses 'reasonably incurred by reason of the sale' (paras 8 and 9(iii)) qualified for deduction and the respondent's claimed items were ordinary owner expenses not incurred specifically because of the sale; paragraph 9(vi) was unambiguous and the term 'remainder' referred consistently to the post-deduction balance, so the respondent's alternative interpretation lacked a reasonable prospect of success. Consequently leave and a stay were refused.