Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Section 17 application

  • 20 Jan 2020

    AK v. MYNT

    Citation
    [2020] HKFC 28
    Court
    Family Court
    Case number
    FCMC16285/2017

    The court ordered transfer to the Court of First Instance because the legal and factual issues are highly complex, involve a substantial foreign element (an ongoing s.17 application concerning overseas trusts), and the capital value of the assets is very high (undisputed assets ~HKD255 million plus claimed USD69 million trusts); the parties agreed transfer and the transfer is made pursuant to Rules 32 and 80 and Practice Directions 15.4 to take effect after pronouncement of the Decree Nisi.

  • 2 Apr 2019

    NSK v. KRW

    Citation
    [2019] HKFC 89
    Court
    Family Court
    Case number
    FCMC7594/2015

    Judge found the husbands establishment of the three trusts substantially undermined the wifes claim and, applying s.17 Cap 192 and the authorities, set aside the three declared trusts and included the trust shares and cash prima facie in the matrimonial pot; applied the sharing principle (50:50) notionally, ordered immediate equalisation lump sum of HK$3,282,910 payable on decree absolute, ordered 50% of net proceeds of sale of the husbands 614,067 HH Ltd shares to the wife upon sale, and ordered periodical payments of HK$100,000 per month from 1 April 2019 pending those lump sums; made an…

  • 16 Jan 2019

    YMKA v. YSM

    Citation
    [2019] HKFC 15
    Court
    Family Court
    Case number
    FCMC9579/2017

    Relief from sanction was refused because although the default was not intentional, the applicant failed to provide a full, clear and satisfactory explanation and showed a loose attitude in seeking indulgence; the breach was of an unless order and the refusal was not disproportionate as the respondent's available assets on her side of the balance sheet were sufficient to compensate the applicant, so dismissing the s.17 pursuit does not deprive the applicant of effective relief.