Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Matrimonial asset division

  • 15 Jul 2014

    WSS v. DKPA

    Citation
    WSS v. DKPA
    Court
    Family Court
    Case number
    FCMC9725/2012

    On the balance of probabilities the court found that: from 1998 to 2008 the wife and mother held the property roughly 50:50 as tenants in common; the 10 July 2008 transfer of the mother's share into the wife's sole name was made as a gift for estate‑planning purposes and divested the mother of any beneficial interest; no express or resulting trust in favour of the grandchildren was established; accordingly the wife is now sole legal and beneficial owner and the property is matrimonial for division purposes.

  • 15 Nov 2007

    C v. J

    Citation
    C v. J
    Court
    Court of Appeal
    Case number
    CACV92/2007

    Leave was required under statute and rules and the trial judge did not err in refusing leave: her factual findings (husband's knowledge of the divorce, transfers of shares, substantial company deficits by 1999, long delay and lack of contribution thereafter) supported the exercise of discretion to refuse leave, and the Court of Appeal will not disturb that discretionary decision absent a wrong principle or clear error.