Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Litigation costs allowance

  • 24 Nov 2023

    MA CHING YEUNG PHILIP v. CHIN WAI YEE WINNIE

    Citation
    [2023] HKFC 198
    Court
    Family Court
    Case number
    FCMC11432/2018

    The court found, on the criminal standard, that the Petitioner had or had had means to pay the LCA (including realizable value in pledged shares or ability to force sale by ceasing interest payments, residual value or sale of the Watches and unused KC loan facility and the HK$1.5m receipt) and deliberately chose to prioritise other creditors rather than satisfy the LCA Order; the defence of impossibility and the argument about the jointly owned UK property did not absolve him; a sealed penal notice was personally served on 13 January 2023 so punishment is limited to breaches after that date;…

  • 14 Sept 2020

    SPMK v. WCC AND OTHERS

    Citation
    [2020] HKFC 186
    Court
    Family Court
    Case number
    FCMP250/2017

    Applicant demonstrated sufficient immediate need and produced medical evidence; estate valuation and undertakings limiting use of funds for physiotherapy mitigated risk to beneficiaries; court therefore varied interim payment to HK$26,000 per month (rounded) with specified allowances for medical, insurance, food, domestic helper and entertainment, allowed litigation costs allowance of HK$350,000 to solicitors, ordered limited backdating for certain items and withheld backdating for medical due to Covid-19 disruption; costs otherwise reserved because of proportionality and pending FDR.

  • 27 Aug 2008

    PCY v. CYW

    Citation
    PCY v. CYW
    Court
    Family Court
    Case number
    FCMC3630/2008

    On a broad-brush assessment of means the husband, earning ~HK$33,000/month with available funds and mortgage obligations, was ordered to pay interim maintenance: HK$8,500/month to the wife (inclusive of HK$5,000/month litigation contribution), HK$3,350/month for the elder child, and HK$2,000/month for each triplet; husband may draw up to HK$10,000/month from HK$700,000 held in bank to meet obligations; an order nisi for costs was made to be absolute in 14 days.