Hong Kong Case Law: Decisions & Judgments

Topic

S.17 matrimonial proceedings and property ordinance

Legal area

Court

18 Feb 2019

TYT v. LSC

Citation

[2019] HKFC 32
Court

Family Court
Case number

FCMC13567/2012

There was sufficient evidence raising a serious issue to be tried on the s.17 claim (loan entries, bank credit entries and circumstances of a $1 transfer cast doubt on the contention that UV Asia was valueless), and joinder of the proposed intervener was necessary and just and convenient to enable complete adjudication; accordingly the proposed intervener was ordered joined and costs ordered to follow the event (nisi).
17 Apr 2015

TJCJ v. HDCK AND OTHERS

Citation

TJCJ v. HDCK AND OTHERS
Court

Family Court
Case number

FCMC7332/2013

On the balance of the evidence the court found that at the time of the 1984 allotment the transferor's intention was that the shares were held by the children as nominees on trust for the parents (and after the father's death for the mother); subsequent conduct and independent evidence (mother, daughters, former wife Rose) corroborated that intention and there was no evidence that the shares had since been converted into gifts, therefore the Husband holds the 5,000 shares on trust for the Mother and the Wife's s.17 application failed.
14 Jan 2010

RK formerly known as RO v. PJK

Citation

RK formerly known as RO v. PJK
Court

Family Court
Case number

FCMC14165/2007

The s.17 application was dismissed because the court found the transfer was to the only willing buyer in a commercial rescue context, constituted valuable consideration (cash plus deferred consultancy benefits) and the intervener acted in good faith without notice; there was insufficient evidence that the husband intended to defeat the wife\u2019s ancillary relief claim. Ancillary relief was nevertheless limited by the parties\u2019 scarce resources and conduct: periodic payments of HK$22,750 per month were ordered from 1 February 2010 until further order and a lump sum of HK$311,843 was awar…

Hong Kong Case Law

TYT v. LSC

TJCJ v. HDCK AND OTHERS

RK formerly known as RO v. PJK