Hong Kong Case Law

何 對 何及另一人

Court

Family Court

Case number

FCMC23/2018

On the evidence the court accepted the wife's contemporaneous communications, the agent's evidence and the second respondent's admissions that the deceased never funded the purchase; the deceased (and his estate) was not the beneficial owner and the husband was the sole beneficial owner of Yinghai. Yinghai nonetheless constituted the matrimonial home and formed part of the matrimonial asset pool. Applying Cap.192 s7 and the LKW v DD five-step approach the court adopted the sharing principle but departed from equal division because of the short duration of the marriage and the pre‑marital orig…

Source excerpt

• Matrimonial home
• Constructive trust
• Resulting trust
• Ancillary relief (financial provision)
• Child maintenance
• Property transfer

Read case analysis

譚 對 歐陽及另二人

Court

Court of Appeal

Case number

CAMP276/2022

The applicant's renewed contentions were repetitions of issues already determined and provided no sufficient reason to depart from the ordinary rule that costs follow the event; therefore the application to vary the costs order is dismissed and the applicant must pay the respondent's costs, to be taxed if not agreed.

Source excerpt

• Costs following the event
• Consent orders
• Leave to appeal
• Property transfer
• Summary disposal

Read case analysis

李 對 梁

Court

Family Court

Case number

FCMC794/2019

On the evidence before it (applicant's sworn case, valuation and expense particulars) and given respondent's non‑disclosure and absence, the court accepted the mediated agreement as an influential factual basis, drew adverse inferences about respondent's wider means, and ordered transfer of respondent's interest in the matrimonial home to the applicant, a lump sum to compensate for unpaid mortgage and maintenance, and ongoing child maintenance consistent with the agreement and the parties' assessed needs.

Source excerpt

• Ancillary relief
• Spousal maintenance
• Child maintenance
• Property transfer
• Non‑disclosure and adverse inference

Read case analysis

趙 對 梁

Court

Family Court

Case number

FCMC15350/2016

Respondent's factual assertions were unsupported by contemporaneous evidence or witness testimony; he had signed an independent confirmation acknowledging understanding and opportunity for independent advice; he failed to show any effective extension request or timely loan approval within the 14‑day period; therefore his defences failed and the court ordered immediate enforcement of the 26/9/2017 consent order with specified timelines and prohibitory injunctions.

Source excerpt

• Ancillary relief order
• Specific performance
• Property transfer
• Injunction
• Contempt
• Costs

Read case analysis

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

Read case analysis

L 對 Y

Court

Family Court

Case number

FCMC195/2014

The court determined the matrimonial pot totalled HK$2,600,772.66; the wife’s overall entitlement was set at 46% and the husband at 54% based on contributions and post‑separation conduct; the husband had concealed business profits and two ledger items totalling HK$1,306,917 were treated as hidden cash thereby forming part of his assets; allegations that the wife had misappropriated HK$1,048,033 were rejected; the appropriate practical remedy was to transfer the matrimonial home (valued HK$1,200,000) to the wife within six months, rescind the interim maintenance order and require repayment of…

Source excerpt

• Ancillary relief
• Asset disclosure and concealment
• Property transfer
• Spousal maintenance
• Adverse inferences in disclosure
• Forensic accounting

Read case analysis

NG SHING CHIT v. LEE KIN CHU

Court

Court of First Instance

Case number

HCA1228/2015

The Court of First Instance granted an adjournment after the defendant, a key witness, fell ill shortly before trial. The existing trial dates were vacated.

• Adjournment
• Illness of party
• Trial management
• Credibility of witnesses
• Life interest
• Property transfer

Read case analysis

柯 v. 龔

Court

Family Court

Case number

FCMC12807/2013

The court rejected the Wife’s claim for return of gold or HK$130,000 for lack of evidence, but awarded nominal maintenance of HK$1 per year and made a section 18 declaration.

• Ancillary relief
• Maintenance
• Property transfer
• Disclosure/adverse inference
• Legal aid first charge
• Costs

Read case analysis

W v. C

Court

Family Court

Case number

FCMC2162/2006

Ancillary relief decision in which the court ordered the respondent to transfer his interest in the Chaiwan Property to the petitioner on a clean-break basis.

• Property transfer
• Periodical payments (maintenance)
• Clean break orders
• Financial disclosure
• Earning capacity
• Conduct

Read case analysis

L v. Y

Court

Family Court

Case number

FCMC12396/2006

Ancillary relief after a second divorce between the same spouses. The court ordered transfer of the husband’s property interest, child maintenance, and limited spousal maintenance.

• Divorce
• Maintenance
• Property transfer
• Custody and access
• Conduct
• Ancillary-relief

Read case analysis