Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Legal costs contribution

  • 21 Sept 2021

    S v. C

    Citation
    [2021] HKCA 1372
    Court
    Court of Appeal
    Case number
    CAMP243/2021

    Leave to appeal was dismissed because the judge's decision ordering maintenance pending suit and legal costs contribution was within the proper exercise of discretion: there was sufficient evidential basis (Form E and affirmations), the judge applied correct legal principles including a broad brush approach, she was entitled to favour the payee given the payer's deficient disclosure, and no special reason (such as serious hardship) justified interlocutory appellate intervention; accordingly the discretion was not wrongly exercised and the stay application fell away.

  • 7 Aug 2017

    TWF v. HWKR

    Citation
    TWF v. HWKR
    Court
    Family Court
    Case number
    FCMC16534/2015

    Applying the statutory power to vary and weighing immediate reasonable needs against husband's demonstrated means, the court allowed a partial variation: wife's monthly MPS increased from HK$61,000 to HK$99,000 (effective 10 July 2017) reflecting allowed monthly budget items (total HK$74,000) plus an allowance of HK$25,000 for repayment of friends/relatives debts; the husband need not increase monthly legal-costs provision now beyond existing HK$50,000 but gave an undertaking to pay HK$50,000 per month for legal costs within 7 days of receipt of his share of Sentosa House sale proceeds, and t…

  • 6 Oct 2015

    CLK v. YFMS AND OTHERS

    Citation
    CLK v. YFMS AND OTHERS
    Court
    Family Court
    Case number
    FCMC8081/2014

    Having examined the parties' disclosed assets and cashflow the court concluded the wife could not reasonably fund her ongoing legal representation to FDR without assistance and the husband had sufficient available resources; it was therefore reasonable and proportionate to order the husband to contribute a lump sum of HK$600,000 towards the wife's ongoing legal costs, payable by 12 monthly instalments of HK$50,000 commencing October 2015 with first payment in 14 days, and to order the agreed MPS (HK$5,000 monthly backdated with HK$50,000 arrears), and to order the husband to pay the wife's co…

  • 27 Oct 2011

    MTLJ v. LSKR

    Citation
    MTLJ v. LSKR
    Court
    Family Court
    Case number
    FCMC1214/2010

    Applying a broad‑brush approach for interim relief and drawing adverse inferences from the husband's incomplete and inconsistent financial disclosure and the demonstrated potential access to his father's resources, the court concluded that partial interim maintenance was reasonable. The court awarded HK$45,000 per month maintenance pending suit (backdated to 1 October 2011) with credit for payments already made and ordered costs by way of order nisi to follow the event and be taxed if not agreed, to be made absolute after 14 days.

  • 28 Apr 2011

    CCP v. CRM

    Citation
    CCP v. CRM
    Court
    Family Court
    Case number
    FCMC15571/2010

    Applying a broad‑brush balancing of the wife's immediate reasonable needs and the husband's demonstrated ability to pay, the court adjusted both parties' expenses and awarded the wife HK$70,000 per month inclusive of rent for April–June 2011 and HK$20,000 per month towards legal costs for April and May 2011, finding this a reasonable interim allocation given limited funds and noting the capacity for final adjustment at the substantive hearing.

  • 14 Apr 2011

    BSTLF v. DSF

    Citation
    BSTLF v. DSF
    Court
    Family Court
    Case number
    FCMC2026/2011

    The wife was not credible about how prior interim funds were spent and failed to prove many expense claims; the husband's income and reasonable outgoings were assessed and reduced where economies were possible; balancing the parties' needs and husband’s ability to pay the court awarded interim maintenance of HK$45,000 per month and an additional HK$5,000 per month toward legal costs (total HK$50,000) from 1 May 2011, with conditions requiring the wife to live separately and provide documentary evidence and an undertaking to pay HK$5,000 per month to her solicitor.

  • 3 Oct 2007

    H v. H

    Citation
    H v. H
    Court
    Family Court
    Case number
    FCMC1969/2007

    Applying s.3 and established authorities the court must adopt a broad brush assessment of the wife's reasonable needs against the husband's clear ability to pay. On the evidence of historic joint account and card spending, and having given the wife the benefit of doubt on disputed items to avoid immediate hardship to the children (notably the seriously ill son), the court found the husband's resources sufficient and the wife's deployable assets insufficient to meet ongoing legal costs; therefore ordered interim maintenance of $75,000 per month commencing 1 April 2007 and a contribution of $50…