Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Reasonable needs assessment

  • 15 Apr 2024

    H v. W

    Citation
    [2024] HKFC 76
    Court
    Family Court
    Case number
    FCMC8332/2017

    On a broad‑brush reassessment the Wife's income and available resources, together with realistic reductions to pleaded household items, meant the Husband's contribution to the Wife's general expenses should be reduced to HK$10,000 per month from 1 September 2023; the Husband retains liability for the child's interim maintenance and undertakings (school fees, ECA up to HK$2,000, medical/dental insurance for Wife and child). The Husband was found to have the ability to meet the adjusted maintenance by borrowing and restructuring liabilities and therefore the variation was appropriate and backda…

  • 10 Dec 2014

    LEMS v. LCTN

    Citation
    LEMS v. LCTN
    Court
    Court of First Instance
    Case number
    HCMP2237/2014

    Leave to appeal was refused because the wife conceded that parental and grandparental financial assistance was not forthcoming, the trial judge reasonably assessed the wife's needs (HK$60,000 per month) and correctly concluded a clean break was appropriate; a speculative future inheritance not in the foreseeable future should not be treated as a resource, so there is no reasonable prospect of success on appeal.

  • 5 Sept 2013

    BETWEEN LSSD v. CWY

    Citation
    BETWEEN LSSD v. CWY
    Court
    Family Court
    Case number
    FCMC1182/2000

    Applying s11 MPPO and relevant authorities the court assessed the wife's reasonable monthly needs at HK$24,000, found an earning capacity of HK$6,000 and ordered periodic maintenance of HK$18,000 per month for 5 years with 5% annual increases; assessed the daughter's reasonable monthly needs in Canada at CAD 3,800 and ordered CAD 3,800 per month with 3% annual increases until completion of first degree or May 2018; allowed reimbursement of expenses for Dec 2012–Mar 2013 in the sum of HK$86,640.18 and a lump sum CAD 2,700 for driving lessons; costs to be half paid by husband on party and party…