Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Needs vs sharing
  • 26 Jul 2019

    WYSL v. FHCBA

    Citation
    [2019] HKCA 814
    Court
    Court of Appeal
    Case number
    CACV399/2018

    Appellate court will not overturn primary judge's detailed findings of fact that the disputed properties were beneficially owned by the Father and thus s17 set‑aside was not made out; the primary judge's discretionary approach to capitalising the Wife's needs was not in principle wrong but required upward adjustment on the facts to meet other identified needs (career re‑integration and future security) and to reflect realistic accommodation costs; the Husband's interest in the discretionary trust need not be relied upon to make the award but, on the Charman test, may nevertheless be likely to…