Hong Kong Case Law: Decisions & Judgments

Topic

Maintenance payments

Legal area

Court

27 Oct 2021

WONG KA YAN PATRICK v. CHEUNG KA YU NICOLE formerly known as CHEUNG LEE HUNG

Citation

[2021] HKCFI 3199
Court

Court of First Instance
Case number

HCA2102/2017

Plaintiff failed to discharge the burden to show a common intention constructive trust or any binding oral trust: the evidence established gifts and maintenance rather than a trust, the plaintiff's account was implausible and inconsistent with his conduct and wealth profile, and it was not unconscionable for the defendant to assert legal title; accordingly the claims were dismissed and the defendant retained ownership.
25 Nov 2019

敖對湯

Citation

[2019] HKFC 304
Court

Family Court
Case number

FCMC7224/2016

The judge accepted the respondent had a diagnosed depressive illness that had reduced her short‑term earning capacity and that a limited short‑term monetary award would meet her needs; parties would retain their own assets; accordingly a lump sum payment of HKD30,666.73 by the petitioner within one month was necessary and proportionate to discharge the respondent's immediate debt and to resolve ancillary relief.
12 Mar 2015

RHONDA JEANINE POHN v. MAC RICHARD POHN AND OTHERS

Citation

RHONDA JEANINE POHN v. MAC RICHARD POHN AND OTHERS
Court

Court of First Instance
Case number

HCA1381/2010

The application was dismissed because the 1st defendant failed the mandatory first hurdle: he did not make full and frank disclosure of his available assets and failed to account for the c. US$1.3m withdrawn; having previously consented to continuation of the injunction and with no material change, variation was not justified; therefore the injunction remains and the application is dismissed with costs nisi against the 1st defendant.
16 Oct 2012

NKYL v. LSP

Citation

NKYL v. LSP
Court

Family Court
Case number

FCMC8026/2007

The variation application failed because there was no material change of circumstances or unforeseen event to justify narrowing the broad undertaking in the Consent Order; the wording of Recital D covered all tertiary educational expenses including boarding; billing statements and related documentary evidence suffice as proof of payment; children's consent is not a precondition to Petitioner's right of reimbursement; the proposed reductions were arbitrary and contrary to the parties' original agreement; application dismissed and costs awarded to Petitioner.
3 Jun 2005

SIT KWOK KEUNG v. COMMISSIONER OF INLAND REVENUE

Citation

SIT KWOK KEUNG v. COMMISSIONER OF INLAND REVENUE
Court

Court of Appeal
Case number

CACV23/2005

The appeal is dismissed because judicial review is not the correct remedy to challenge a Court of Appeal decision and the appellant failed to seek leave to appeal to the Court of Final Appeal; alternatively, section 8(2)(i) excludes maintenance received from taxable income and cannot assist a payer, so the Article 25 challenge lacked relevance.
2 Feb 2004

WONG MAN v. CHEN SING ZIANG

Citation

WONG MAN v. CHEN SING ZIANG
Court

Court of First Instance
Case number

HCA6624/2000

The Court found on the facts that the Deed was validly and voluntarily executed, that the Defendant was not shown to be acting under duress or undue influence and had sufficient understanding to enter the Deed despite medical reports; the Defendant breached the Deed by failing to pay the agreed sum and only paid HK$50,000 which was not full satisfaction; judgment was entered for the Plaintiff for HK$800,000 and monthly maintenance of HK$6,500 from July 2000 until satisfaction; counterclaim to set aside the Deed was dismissed.
8 Mar 1990

RE LAU KOON CHIU

Citation

RE LAU KOON CHIU
Court

Court of First Instance
Case number

HCMP3085/1989

Restraint order varied only to the limited extent of releasing funds necessary for agreed maintenance payments and legal expenses; legal bills may be taxed immediately and at three monthly intervals; the interlocutory court cannot determine rebuttal of s.4 assumptions which is reserved for the post-conviction confiscation process; the Crown is entitled to attend taxation hearings and the Master will decide privilege issues.

Hong Kong Case Law

WONG KA YAN PATRICK v. CHEUNG KA YU NICOLE formerly known as CHEUNG LEE HUNG

敖 對 湯

RHONDA JEANINE POHN v. MAC RICHARD POHN AND OTHERS

NKYL v. LSP

SIT KWOK KEUNG v. COMMISSIONER OF INLAND REVENUE

WONG MAN v. CHEN SING ZIANG

RE LAU KOON CHIU

敖對湯