Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Maintenance orders

  • 8 May 2025

    CHEUNG v. ZHANG AND ANOTHER

    Citation
    [2025] HKFC 76
    Court
    Family Court
    Case number
    FCMC1289/2016

    The Deed of Gift was a disposition within s17 MPPO. Given the close chronology to the ancillary relief judgment and vacant possession orders, the letters and conduct of the husband and father, and absence of any contrary evidence, the court was satisfied the gift was made with the intention of defeating the AR Judgment; the statutory presumption in s17(3) applied and was not rebutted. Accordingly the court set aside the Deed of Gift under s17(1)(c) and ordered it vacated from registration, with costs as directed.

  • 28 Aug 2023

    丘 對 張

    Citation
    [2023] HKFC 169
    Court
    Family Court
    Case number
    FCMC316/2018

    Court found the Kwun Tong property had become matrimonial by reason of use as the matrimonial home and was therefore divisible; wife was found to be a family child's carer and had undeclared earnings/assets which justified an adverse inference; balancing marriage duration, short period of full cohabitation, non‑matrimonial origin of the property and wife’s concealment, court departed from equal sharing and awarded wife 35% of property value (HK$1,102,500) payable as lump sum within six months of final divorce order and monthly maintenance HK$2,000 until that sum is paid (with prior interim or…

  • 16 Nov 2022

    王 對 郭

    Citation
    [2022] HKFC 243
    Court
    Family Court
    Case number
    FCMC13313/2019

    Given the short duration of marriage, that the subject property was premarital property, the low net surplus after accounting for needs and respondent's housing and livelihood needs, and relative earning capacities, equal sharing was inappropriate; instead court ordered needs-based periodic maintenance: HK$10,000 per month for the child until 18 or end of full‑time education and HK$5,000 per month to the applicant until cohabitation or remarriage (whichever earlier), commencing 1 December 2022; no order for sale or transfer of the subject property was made.

  • 14 Sept 2022

    WARREN GARY LICHTENSTEIN v. ANNABELLE SARAH BOND AND ANOTHER

    Citation
    [2022] HKCFI 2781
    Court
    Court of First Instance
    Case number
    HCA1545/2021

    The Master held it was plain and obvious the Plaintiff's claim against the 1st Defendant constituted a Henderson abuse because the central allegation of misuse of HKD13,739,168.26 arose from the same factual matrix already litigated in HCMP 489/2013, the Plaintiff failed to adduce available evidence and seek discovery in the earlier proceedings, and permitting litigation now would amount to an impermissible re-litigation and misuse of judicial resources; accordingly the claim as against the 1st Defendant was struck out.

  • 11 Aug 2022

    CCMJ v. SSM formerly known as SKL

    Citation
    [2022] HKFC 161
    Court
    Family Court
    Case number
    FCMP67/2010

    The undertakings and Maintenance Order covered the extra‑curricular activities claimed; there was no contractual or order term requiring original receipts or prior consent; the father had ample opportunity since 2016 to seek clarification and his long delay and conduct estopped him from contesting scope now; Court of Appeal findings showed deliberate breach and capacity to pay; accordingly the garnishee orders nisi were properly made absolute and costs awarded to the respondent.

  • 29 Jan 2021

    YPM v. BCM

    Citation
    [2021] HKFC 11
    Court
    Family Court
    Case number
    FCMC1763/2019

    The court accepted the mother's current income as HKD60,917.34 per month plus net NYC rental income HKD7,911.06 per month and accepted the father's income as HKD95,000 per month; rejected assertions of available trusts or significant parental resources for the mother; held that given the shared care arrangement each parent is responsible for day-to-day living expenses while children are with them and that children’s school fees, medical/dental expenses and one private ECA should be equally shared; ordered specific directions for school placement and made a costs order nisi in favour of the fa…

  • 4 Dec 2020

    HCMJ v. HYM

    Citation
    [2020] HKFC 238
    Court
    Family Court
    Case number
    FCMC12078/2014

    The application for leave to appeal was refused because the judge held there was no reasonable prospect of success: findings of concealed assets and adverse inference were supported by evidence of extravagant lifestyle and an expert rental report; the needs and lump sum calculations were properly based on the wife’s evidence; the husband provided no substantive reason or evidence to justify a stay of execution.

  • 20 Nov 2019

    李 對 張

    Citation
    [2019] HKFC 295
    Court
    Family Court
    Case number
    FCMC4305/2013

    The court found beyond reasonable doubt that the respondent was aware of and wilfully disobeyed the 14‑Sep‑2017 disclosure order and the 2‑Sep‑2015 maintenance order for the period Mar 2016–Oct 2017, and had the means to pay but chose not to, therefore committing civil contempt on counts 1 and 2; the failure to notify a change of address, while actionable under s28A Cap.192 as a statutory offence, did not amount to civil contempt here because no court order to notify was made and no promise to the court was breached.

  • 16 Jan 2019

    有關債務人黃德智的事宜

    Citation
    [2019] HKCFI 47
    Court
    Court of First Instance
    Case number
    HCB333/2018

    Despite significant credibility concerns and inconsistent sworn statements and insufficient documentary proof of the alleged transfer, the available bank statements and loan statements did not establish that the debtor was plainly able to pay his debts when the petition was presented; therefore the petition was not found to be an abuse of process and a bankruptcy order was made, subject to trustee investigation and potential annulment if assets are recovered or it is shown the debtor could pay at the time of the order.

  • 22 Dec 2016

    D, A v. SJG

    Citation
    D, A v. SJG
    Court
    Family Court
    Case number
    FCMP143/2016

    On interim application the court fixed a reasonable immediate budget reflecting the child's prior standard of living and the father's means: ordered respondent to pay HK$75,000 per month (inclusive of a carers allowance) and to meet specified direct expenses (school fees, bus, capped extracurricular expenses, medical insurance, rental deposit and moving costs) pending further order.