Hong Kong Case Law

何文傑及江詩敏 李煥填的共同財產受託人 對 李煥填

Court

Court of First Instance

Case number

HCB3121/2021

On the balance of probabilities the trustee's three complaints were proven: the bankrupt repeatedly failed to respond to repeated written enquiries about mainland investments and a Hong Kong property, attempted post-bankruptcy transfer of property interests, and submitted late/inaccurate annual statements. Those failures constituted non-cooperation and unsatisfactory conduct under s30A(4), prejudicing estate administration. The automatic discharge is therefore suspended for two years and the bankrupt must pay the trustee's costs assessed at HK$83,000.

Source excerpt

• Suspension of automatic discharge
• Trustee complaints
• Non-disclosure of assets
• Asset concealment and transfer
• Extension of bankruptcy period
• Annual statements

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CHINA EVERGRANDE GROUP (IN LIQUIDATION) v. HUI KA YAN AND OTHERS

Court

Court of First Instance

Case number

HCMP1080/2024

The Court of First Instance granted Chabra relief over assets registered to Ms He, joined her as a defendant, allowed service out, and made confidentiality orders.

• Chabra jurisdiction
• Mareva injunction
• Non-disclosure of assets
• Service out of jurisdiction
• Confidentiality orders
• Chabra-jurisdiction

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RE CHU YING KIN

Court

Court of First Instance

Case number

HCB4013/2017

The court extended Chu Ying Kin’s bankruptcy by 21 months after finding undisclosed assets, a PRC property claim, and a lack of full cooperation with the Official Receiver.

• Automatic discharge
• Suspension of discharge
• Non-disclosure of assets
• Failure to cooperate with trustee
• Time extension for service
• Foreign proceedings

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HCMJ v. HYM

Court

Family Court

Case number

FCMC12078/2014

The District Court refused leave to appeal against ancillary relief orders, finding no reasonable prospect of success and dismissing the stay application.

• Leave to appeal
• Ancillary relief
• Non-disclosure of assets
• Adverse inference
• Stay of execution
• Costs

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YCKS v. MPKC

Court

Family Court

Case number

FCMC5771/2018

法院在附屬濟助案中接納妻方指丈夫沒有全面披露資產，遂推定不利推論，命令將南丫島物業無償轉予妻子並駁回丈夫改減贍養費申請。

• Ancillary relief
• Non-disclosure of assets
• Property transfer
• Variation of maintenance
• Sharing principle
• Ancillary-relief

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CSF v. KMC

Court

Family Court

Case number

FCMC3992/2012

Ancillary relief judgment in which the wife’s claims for unpaid interim maintenance and future periodical maintenance were dismissed, with orders for sale and transfer of remaining assets.

• Ancillary relief
• Maintenance pending suit
• Property distribution and sale
• Non-disclosure of assets
• Costs orders
• Consent orders

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蘇 對 林

Court

Family Court

Case number

FCMC15256/2014

Permission to appeal was refused because the applicant failed to show a reasonable prospect of success: the belated documents did not meet the Ladd v Marshall criteria, the trial judge's factual findings about source of funds and beneficial ownership were adequately supported, and alleged deductions or sale impediments were immaterial or unsupported; nor were there other reasons in the interests of justice to permit an appeal.

Source excerpt

• Ancillary relief
• Lump sum order
• Sale of property
• Resulting trust
• New evidence admissibility (ladd v marshall)
• Non-disclosure of assets

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WSW v. CKU

Court

Court of Appeal

Case number

CACV249/2015

Court of Appeal dismissed a husband’s ancillary-relief appeal, holding there was no computing error, the undisclosed assets estimate was open to the judge, and prospective inheritance could be considered.

• Ancillary relief
• Property division
• Matrimonial assets
• Non-disclosure of assets
• Prospective inheritance
• Clean break order

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WMY v. CSK

Court

Family Court

Case number

FCMC17011/2011

Ancillary relief proceedings arising from divorce. The court rejected the husband’s HK$1.6 million loan claim, found diversion of company receivables, and ordered a walk-away outcome.

• Ancillary reliefs
• Asset division and equalisation
• Non-disclosure of assets
• Conduct/fiduciary duty
• Costs
• Ancillary-relief

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蘇 對 林

Court

Family Court

Case number

FCMC15256/2014

The court found the husband failed to discharge the evidential burden to show that his mother retained the beneficial ownership of the Singapore and three Hong Kong properties; factual findings supported an intention to gift/entrust to the husband and his long-standing exercise of beneficial rights. The matrimonial assets (excluding an unvalued Singapore property) totalled HKD10,457,000; starting from equal division, there were no sufficient reasons to depart from equal sharing. The husband had concealed material bank deposits, warranting adverse inference. Result: equal sharing applied; each…

Source excerpt

• Ancillary relief
• Asset division
• Beneficial ownership
• Presumption of advancement
• Constructive trust
• Non-disclosure of assets

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