Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

S.17 mppo avoidance of disposition

  • 19 Aug 2024

    MPY v. WYC

    Citation
    [2024] HKFC 158
    Court
    Family Court
    Case number
    FCMC3297/2022

    The Family Court, applying r.77 MCR together with O.24/O.26 principles and recognising its quasi‑inquisitorial role in ancillary relief, found the Wife made a prima facie case for discovery based on documentary evidence recovered and the nature of corporate control; the Husband must use his best endeavours to disclose relevant documents and produce company records where he exercises unfettered control, but overly broad requests for all written correspondence (Requests 2(a) and 3(a)) were disproportionate and disallowed. Orders for specific discovery were made accordingly with timelines for co…

  • 5 Aug 2005

    KGL v. CKY AND ANOTHER

    Citation
    KGL v. CKY AND ANOTHER
    Court
    Family Court
    Case number
    FCMC1453/2002

    The court found that three of the four challenged service orders (dispensing with personal service, substituted service by advertisement, and dispensing with service of a late affidavit) were ineffective because there was no evidence the 2nd Respondent had notice; those service failures rendered the resulting disposition orders irregular. Exercising jurisdiction under RHC (including O.35 r.2 with extension and O.2(2) for irregularity), the court set aside the parts of the disposition and service orders affecting the 2nd Respondent and ordered a re-hearing because the 2nd Respondent had real p…