Hong Kong Case Law: Decisions & Judgments

Topic

Maintenance (periodical payments)

Legal area

Court

19 Nov 2009

LPKP v. PTPR

Citation

LPKP v. PTPR
Court

Family Court
Case number

FCMC11056/2005

On the balance of probabilities the true bargain was that periodical payments of HK$35,000 per month were to continue until the petitioner’s remarriage; the erroneous wording was a clerical/drafting mistake by the solicitor’s firm (admitted by the clerk), the slip rule permits rectification of consent orders in such circumstances, and it would be inequitable to allow the respondent to rely on the mistake; accordingly the consent order was amended and costs awarded to the petitioner.
14 Jul 1998

LAM KWAI HING v. TSANG SIU SHING and YIM KAM (Intervener)

Citation

LAM KWAI HING v. TSANG SIU SHING and YIM KAM (Intervener)
Court

Court of Appeal
Case number

CACV259/1997

The Court upheld the trial judge's factual findings that the Mongkok property was purchased with funds provided by Madam Yim and therefore the 1991 transfer could not be avoided; the five documents were irrelevant as fresh evidence and would not have altered findings; because the Tseung Kwan O property was encumbered by the wife's father's loan and the husband was heavily indebted, a clean break was impracticable and the appropriate remedy was quantified periodical payments and limited occupation rights for the wife.
15 Jan 1998

CHEUNG MAN CHOI YUK v. CHEUNG PING YAN

Citation

CHEUNG MAN CHOI YUK v. CHEUNG PING YAN
Court

Court of Appeal
Case number

CACV197/1997

The Court allowed the wife's appeal and set aside Deputy Judge Carlson's reduction of the 1991 consent order because there was insufficient evidence of a change in circumstances to justify reducing the periodical payments; the husband's appeal against the spent committal order was dismissed as academic because the committal order had been spent and no live controversy remained; costs were ordered in the wife's favour in both appeals.
6 Oct 1983

P v. P

Citation

P v. P
Court

Court of Appeal
Case number

CACV86/1983

Appeal allowed in part: having regard to the wife's singular ownership of the house, the husband's existing and foreseeable financial obligations, and the lack of credible evidence for the transport and certain claimed debts, the court ordered modest periodical payments to the wife ($600/month) and child maintenance ($1,500/month total, $750 each), transferred the husband's interest in the house to the wife, and ordered the husband to pay or guarantee mortgage and general and water rates; claims for transportation costs and additional lump sums were dismissed for lack of evidence or because d…

Hong Kong Case Law

LPKP v. PTPR

LAM KWAI HING v. TSANG SIU SHING and YIM KAM (Intervener)

CHEUNG MAN CHOI YUK v. CHEUNG PING YAN

P v. P