Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Property disposition to defeat claim
  • 1 Mar 2002

    C v. C

    Citation
    C v. C
    Court
    Family Court
    Case number
    FCMC10998/1999

    Husband failed to rebut presumption of advancement in respect of multiple properties and his unilateral dealings were inconsistent with a trust for his father; therefore the disputed Australian and Hong Kong properties and sale proceeds were treated as the husband's beneficial assets to be included in the matrimonial balance sheet; the husband's position as a discretionary beneficiary of a substantial family trust is a relevant resource under MPPO s7 and the court may take an inferred market valuation of the trust assets into account; accordingly wife awarded periodical maintenance and a capi…