Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Lump sum award

  • 14 Apr 2014

    TCWF v. LKKS

    Citation
    TCWF v. LKKS
    Court
    Court of Appeal
    Case number
    CACV166/2012

    The Court held that on proper construction of Section 28AA interest accrues from the date specified for payment in the maintenance order; the Court of Appeal has power in discretion to antedate the date of payment where justice requires and the facts justify it under Section 13(4) HCO and relevant rules; applying these principles the Court antedated the lump sum payment to 1 December 2011, ordered interest at the Hong Kong judgment rate (8%) from that date on the unpaid balance, declined to adopt a lower rate, limited redactions of the Main Judgment to the agreed green and yellow highlighted…

  • 15 Jun 2007

    LO v. WONG

    Citation
    LO v. WONG
    Court
    Family Court
    Case number
    FCMC9860/2005

    Court accepted respondent's evidence on bank movements, accounted certain expenditures against respondent's own share (legal costs and purchase costs of new property), calculated immediate distributable family assets at HK$4,197,915 (excluding pension), applied s.7 MPPO factors (age, duration, needs, contributions, health) and ordered a clean break by awarding the petitioner HK$2,076,000 lump sum, an HK$300,000 pension advance, a staged payment schedule with HK$1,000,000 immediate, sale of the former matrimonial property within 3 months with specified allocation of net proceeds, and a pension…

  • 23 Jan 2007

    C v. T

    Citation
    C v. T
    Court
    Family Court
    Case number
    FCMC4706/2001

    Judge found Wife failed to prove transmission of disease; found Husband was the beneficial owner of business and property and had realised and retained proceeds (inferred assets c.HK$926,700); found Husband breached the Deed of Separation by ceasing periodical payments from July 1999; held capital division in the Deed was fair and would not be reopened; awarded arrears of HK$455,000 and ordered reduced future periodical payments of HK$3,000 per month from 1 February 2007; costs to Wife.

  • 10 Mar 2006

    W v. W

    Citation
    W v. W
    Court
    Family Court
    Case number
    FCMC13244/1997

    Applying s.7 MPPO criteria the court found the wife had minimal earning capacity and the husband had sufficient resources; the wife's and children's reasonable needs were assessed at HK$65,000 per month; the husband was ordered to transfer his interest in the matrimonial home, pay a lump sum of HK$3,000,000, pay HK$340,000 (HK$90,000 arrears and HK$250,000 for repairs), and to pay periodical maintenance of HK$65,000 per month (HK$25,000 to wife until remarriage or death and HK$20,000 to each child until 18 or cessation of full-time education), and the husband's summons to vary interim mainten…

  • 20 Sept 2005

    P v. P

    Citation
    P v. P
    Court
    Family Court
    Case number
    FCMC13264/2002

    Wife permitted to remove the children to Canada no later than 1 July 2006; while children remain in Hong Kong Husband ordered to pay HK$72,000 per month (apportioned HK$54,000 for Wife and HK$6,000 for each of the three youngest children) and to remain responsible for children’s school fees, medical/dental expenses and airfares; Husband to pay lump sum C$100,000 from his share of his late father’s estate by 1 December 2005 as deposit for Wife’s house; upon arrival in Canada Husband to pay C$5,000 per month (C$2,000 to Wife; C$1,000 for each of three youngest children) plus C$2,000 per month t…

  • 19 Mar 2005

    S v. O

    Citation
    S v. O
    Court
    Family Court
    Case number
    FCMC5603/2003

    The court found cohabitation from November 1993 meant the marriage duration is 8 years 2 months; although the wife likely failed to disclose some assets that have likely been expended, her conduct was not 'obvious and gross' to bar relief; balancing s.7 factors the wife is entitled to 18 months reasonable support as a lump sum of HK$474,138 payable by 18 monthly instalments and must return the husband's personal items at her cost within 3 months.

  • 2 Sept 2002

    L v. T

    Citation
    L v. T
    Court
    Family Court
    Case number
    FCMC2250/2000

    The Court held the 1951 customary marriage remained subsisting despite physical separation from 1956 due to the customary context and ongoing clan recognition; the 1983 High Court settlement did not dispose of the Wife's matrimonial claims; delay did not bar relief given the circumstances; applying s.7 factors and Duxbury guidance but allowing adjustment where resources exceed needs, the Wife's reasonable needs and the equities justified a single lump sum award of HK$12,000,000 as full and final settlement of her ancillary claims.

  • 21 Jun 2002

    X v. Y

    Citation
    X v. Y
    Court
    Family Court
    Case number
    FCMC536/1997

    The court found the judgment debtor had credibly demonstrated exhaustive but unsuccessful attempts to raise the lump sum commercially and from family, that family funds were unlikely due to a significant rift, and that committal is inappropriate absent contumelious conduct; accordingly the debtor had shown cause and no committal order was made, with costs awarded against the applicant.

  • 7 Aug 2001

    YUEN TOOMBS STEPHANIE DOWNS v. YUEN ELMER

    Citation
    YUEN TOOMBS STEPHANIE DOWNS v. YUEN ELMER
    Court
    Court of Appeal
    Case number
    CACV488/2001

    The court dismissed the application for a stay of execution because the husband failed to apply expeditiously, did not demonstrate inability to pay the awarded sums or provide contingency plans for payment if his appeal failed, and therefore did not establish the special circumstances required to justify a stay; however, the court ordered a conditional stay of execution of the order setting aside share dispositions if the husband paid the awarded lump sums to the wife and children prior to determination of the set-aside application or the appeal.

  • 25 Apr 1997

    SIU CHI HO v. SIU WONG YUEN SAI

    Citation
    SIU CHI HO v. SIU WONG YUEN SAI
    Court
    Court of Appeal
    Case number
    CACV21/1997

    The appeal was dismissed because the trial judge, faced with incomplete and evasive financial disclosure by the husband, validly exercised her discretion in making a broad and reasonable ancillary relief award of $600,000 and there was no shown legal error or inconsistency with Chinese proceedings to justify interference.