Hong Kong Case Law: Decisions & Judgments

Topic

Material change of circumstances

Legal area

Court

26 Jun 2025

UNITED HARVEST INDUSTRIES LTD v. CHING MAN CHUN LOUIS AND OTHERS

Citation

[2025] HKCFI 2773
Court

Court of First Instance
Case number

HCA159/2022

The judge found there was a material change of circumstances (joining of the 3rd and 4th defendants, significant re-amendment alleging a new investment framework, and a substantial summary judgment application) which generated additional costs that could not reasonably have been anticipated when the earlier security was ordered; accordingly further security limited to costs referable to those changed circumstances was justified and HK$600,000 was fair and proportionate, so the master's dismissal was set aside and the appeal allowed.
16 May 2025

PKY v. CHM

Citation

[2025] HKFC 85
Court

Family Court
Case number

FCMC3927/2015

The summons was dismissed because the alleged change of circumstances was self‑induced by the respondent, his evidence lacked credibility, there was no new event invalidating the fundamental assumption of the consent order, and therefore no good and substantial cause to vary or discharge the lump sum instalments; costs and counsel certificate were awarded to the petitioner.
29 Nov 2022

F v. W

Citation

[2022] HKFC 257
Court

Family Court
Case number

FCMC6824/2016

The applications were dismissed because the undertaking embodied in the consent 2020 Order could not be varied; the respondent's retirement and reduced income were known and foreseeable at the time the undertaking was given and the increase in the adult child's tuition resulted from decisions known to respondent and not unforeseeable, so no material change justified discharge or variation; likewise no material change justified varying the modest maintenance for the minor child Y under s11 MPPO.
28 Feb 2022

TSY v. CWT

Citation

[2022] HKFC 38
Court

Family Court
Case number

FCMC12343/2018

The Husband failed to prove a material change of circumstances: financial disclosure showed no reduction in income and in fact increased average earnings; medical expenses were largely reimbursed and did not impair earning capacity; claimed personal liabilities and transfers required further scrutiny at ancillary relief trial not on variation summons; the consent order was negotiated with legal advice and must be given significant weight. Therefore the variation application is dismissed and costs follow the event ordering the Husband to pay the Wife's costs with certificate for counsel.
3 Jan 2022

NLC v. YMF

Citation

[2022] HKFC 3
Court

Family Court
Case number

FCMC8442/2018

Leave to appeal refused because the intended appeal had no reasonable prospect of success: the judge applied the correct legal principles focused on the child’s best interests, considered all evidence including SWO recommendation and son’s wishes, and the father's grounds amounted to disagreements with factual evaluations and discretionary judgments that were not plainly wrong.
11 Oct 2021

NLC v. YMF

Citation

[2021] HKFC 203
Court

Family Court
Case number

FCMC8442/2018

The father failed to discharge the burden of proving a material change of circumstances; evidence showed no coercion in the consent process, the welfare of the child was best served by maintaining sole custody, the father demonstrated unreliable conduct (including inconsistent statements, late maintenance payments and untruths) and tactical litigation tied to ancillary relief; therefore variation to joint custody was refused and exceptional conduct justified a limited costs order against the father.
24 Sept 2019

楊對葉

Citation

[2019] HKFC 251
Court

Family Court
Case number

FCMC6730/2014

Applicant failed to prove a material and unforeseeable deterioration in his financial position; the court accepted that applicant could access rental proceeds and had a monthly income of at least HK$46,000; therefore it would be unjust to discharge undertakings or vary the consent order; the application to change the consent order is dismissed and costs awarded to respondent.
13 Jul 2018

HING YIP HOLDINGS (HONG KONG) LTD v. CELLMARK CHINA LTD AND ANOTHER

Citation

[2018] HKCFI 1653
Court

Court of First Instance
Case number

HCCL15/2016

The summons for further security was dismissed because the matters relied upon did not constitute a material change of circumstances since the consent order: many costs related to periods already covered or to steps known or in progress before the 2nd Order, the new costs schedule was inflated (notably by higher hourly rates) without adequate explanation, and the applicant failed to establish in round ballpark terms the additional costs attributable to any genuine change; accordingly no further security was ordered and the 2nd defendant was ordered to pay the plaintiff's costs.
22 Aug 2017

劉對吳

Citation

劉對吳
Court

Family Court
Case number

FCMC13195/2011

Applicant's reasons were insufficient: voluntary reduction to part‑time work and consequent income loss is not an unforeseeable change warranting variation; alleged nondisclosure was not established given respondent had legal advice when consenting; the HK$5,000 payment is a fixed child benefit for general welfare (not an itemised reimbursement) and cannot be converted into respondent's direct payments or reduced to zero on the asserted grounds. Balancing child's welfare, income disparity and petitioner's health and arrears, the court varied the arrangement so that in periods when the respond…
10 Jun 2009

KCSFA v. KPF

Citation

KCSFA v. KPF
Court

Family Court
Case number

FCMC12967/1997

Judge exercised discretion to vary the 1999 consent order because there had been significant changes in circumstances (Wife’s loss of employment leaving her without income; the lump sum was in practice received by instalments over many years reducing its capital utility; disparity in parties' continuing financial positions and P’s capacity to pay), and assessed Wife’s reasonable monthly needs at HK$30,000; ordered Husband to continue payments, back-date them and awarded costs to Wife with counsel certificate.