18 May 2015
MIMI KAR KEE WONG HUNG (also known as MIMI KAR GEE WONG HUNG) v. RAYMOND KIN SANG HUNG
- Citation
- MIMI KAR KEE WONG HUNG (also known as MIMI KAR GEE WONG HUNG) v. RAYMOND KIN SANG HUNG
- Court
- Court of Final Appeal
- Case number
- FACV11/2014
The Court allowed the husband's appeal and set aside the clawback because making such an order was unfair and speculative on the facts: the Severn Villa asset was held by a company (SVL/ADHL) with other assets and capital needs, redevelopment was not shown to be likely, a clawback would grant the wife upside without sharing downside or contributing to company risk, it conflicted with the clean break and finality principles, and the issue was not properly raised at trial so the Court of Appeal should not have imposed it on appeal (Flywin considerations).