Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Legal costs provisions

  • 23 Aug 2019

    LZ v. LY

    Citation
    [2019] HKFC 219
    Court
    Family Court
    Case number
    FCMC7207/2018

    On a broad‑brush assessment the husband had sufficient means to pay interim maintenance for the child but the wife had capacity to obtain short term income for her personal needs and had substantial funds in bank accounts so maintenance for herself and legal costs provisions were not reasonable; the court fixed child interim maintenance at HK$64,000 per month from 1 September 2018, credited earlier interim payments, and dismissed wife's claims for personal maintenance and legal costs.

  • 25 Oct 2018

    LTF v. SCW

    Citation
    [2018] HKFC 180
    Court
    Family Court
    Case number
    FCMC9973/2016

    W satisfied the Currey criteria: she lacks realistic means to fund litigation without depleting modest personal savings, cannot reasonably offer security or obtain loans, cannot access legal aid given joint asset profile, and it would be unfair for her to fund litigation when H had disposed of substantial property proceeds that she has not received; accordingly W was permitted to withdraw HK$500,000 from the joint BOC account for legal costs pending suit up to FDR; H’s cross‑application was dismissed; costs awarded to W and Certificate for Counsel granted.