Hong Kong Case Law: Decisions & Judgments

Topic

Means assessment

Legal area

Court

14 May 2024

林對蔡

Citation

[2024] HKFC 102
Court

Family Court
Case number

FCMP248/2021

Court accepted applicant's budgetary items but apportioned general household costs half to the child, accepted child's personal costs and reasonable extra activities, yielding a monthly need of HKD9,607; because respondent failed to disclose finances in breach of court orders the court imputed an ability to pay (supported by respondent's own statement of monthly casual earnings HKD18,900) and ordered respondent to pay HKD9,607 per month into applicant's CSSA bank account from 1 June 2024 until the child is 18 or ceases full‑time education, together with costs to the applicant.
8 Jun 2021

R, E also known as M, E v. P, OPM also known as P M, OPR

Citation

[2021] HKFC 115
Court

Family Court
Case number

FCMC1658/2020

On a broad-brush assessment the court fixed interim maintenance for the three children at HK$7,350 per child per month (to be paid by the Respondent), having apportioned household and direct childrens expenses, treated parents as equally responsible for childrens general and direct expenses, and directed the Respondent to remain responsible for school fees pending further order and to apply for a bourse; backdating and litigation funding were not ordered now.
23 Mar 2020

LAKA v. WJ

Citation

[2020] HKFC 74
Court

Family Court
Case number

FCMP154/2014

On a broad brush interim assessment the court found many of the Mother's claimed expense items excessive or unproven, noted Father's ongoing payments (HK$35,000) and undertaking to pay school fees and the imminent trial where credibility and detailed means should be tested, and concluded that HK$40,000 per month is a reasonable interim benchmark; therefore the Mother's summons seeking a larger variation was dismissed and costs were ordered in the cause (costs nisi).
18 Dec 2018

NG WAN v. WONG KA SEK AND ANOTHER

Citation

[2018] HKCFI 2719
Court

Court of First Instance
Case number

HCB3478/2017

The bankrupt failed to demonstrate that the trustees erred in principle or unreasonably exercised their discretion in assessing monthly income and expenses; absent evidence of error or changed circumstances the court will not reverse the trustees' assessment, and the application is dismissed.
4 May 2018

WAN KONG SANG v. WONG KA SEK AND ANOTHER

Citation

[2018] HKCFI 960
Court

Court of First Instance
Case number

HCB3346/2017

The court held the trustee's overall assessment was reasonable but allowed a small adjustment: increase personal travelling allowance and reduce the required monthly contribution from HK$2,000 to HK$1,700. The trustee's decision to require the bankrupt to bear only 25% of the mother's combined maintenance/domestic helper expenses was reasonable given siblings are employed; the TiB decision is reversed in part and otherwise confirmed.
24 Nov 2017

G S also known as S, G v. SM formerly known as K, M

Citation

G S also known as S, G v. SM formerly known as K, M
Court

Family Court
Case number

FCMC11746/2016

Applying the broad‑brush approach and balancing the immediate needs of the wife against the husband's stated means, the court ordered the husband to pay an additional HK$750 per month as maintenance pending suit to the wife with effect from 1 December 2017, declined to backdate the payment, and made a costs order nisi that there be no order as to costs to be made absolute in 14 days, with the husband's own costs to be taxed under the Legal Aid Regulations.
18 Jul 2014

陳永霖訴 MTR CORPORATION LTD

Citation

陳永霖訴 MTR CORPORATION LTD
Court

Court of First Instance
Case number

HCMA171/2014

The magistrate's immediate imposition of a $5000 costs order was procedurally improper because there was no enquiry into the appellant's means; having considered the appellant's means and conduct, the proper award to compensate the respondent was $1000, payable within three months, and the $5000 order must be varied accordingly.
19 Sept 2013

HKC v. CTF

Citation

HKC v. CTF
Court

Family Court
Case number

FCMC7001/2013

On a broad-brush assessment of the bank statements, regular deposits averaging about HK$52,262 per month, substantial credit card payments, a HK$72,000 loan taken in May 2013 and significant mortgage repayments demonstrated that the husband had financial resources; accordingly the court ordered respondent to pay HK$11,500 per month to the wife and HK$11,500 per month for the child from 1 October 2013 pending further order.
4 Jan 2011

YJ v. QJ

Citation

YJ v. QJ
Court

Family Court
Case number

FCMC16060/2009

On the evidence the judge assessed the husband's income and outgoings, found some of the wife's estimates excessive and some of the husband's expenses reducible, held the husband to his undertakings to meet mortgage, utilities, cable/internet and the child's educational costs, and ordered interim maintenance of HK$6,000 per month for the wife and HK$4,500 per month for the child (total HK$10,500) payable from 1 February 2011 monthly; made no order as to costs (order nisi to be absolute in 14 days).