Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Special maintenance

  • 28 Apr 2015

    TAM MEI KAM v. HSBC INTERNATIONAL TRUSTEE LTD AND OTHERS

    Citation
    TAM MEI KAM v. HSBC INTERNATIONAL TRUSTEE LTD AND OTHERS
    Court
    Court of First Instance
    Case number
    HCMP2981/2004

    Because the 3rd respondent and the trustees in bankruptcy (5th respondent) consented and the grandchildren beneficiaries raised no objection, the court found the requested HK$186,500 constituted reasonable domestic needs under the Inheritance (Provision for Family and Dependants) Ordinance and ordered payment from the deceased's estate, with specified apportionment and routing through the trustees in bankruptcy to respect the existing Income Payments Order.

  • 1 Apr 2015

    RE TAM MEI KAM

    Citation
    RE TAM MEI KAM
    Court
    Court of First Instance
    Case number
    HCB3777/2011

    Funeral expenses constituted reasonable financial provision and were allowed (HK$170,500) payable by specified cheques; all other applications were dismissed because the existing periodical payments (HK$158,000/month) represented reasonable provision in all the circumstances, the applicant's medical certificates were inadmissible as expert evidence, awarding large lump sums would risk prejudice to other beneficiaries (notably the residuary legatee), and there was no change of circumstances warranting payment of rent arrears which would nullify prior orders.

  • 1 Apr 2015

    TAM MEI KAM v. HSBC INTERNATIONAL TRUSTEE LTD AND OTHERS

    Citation
    TAM MEI KAM v. HSBC INTERNATIONAL TRUSTEE LTD AND OTHERS
    Court
    Court of First Instance
    Case number
    HCMP2981/2004

    Applicant was granted special maintenance of HK$170,500 for funeral and related religious services as reasonable financial provision under the Inheritance Ordinance; all other claims were dismissed because (a) medical certificates relied on were inadmissible under O 38 rr 37A and 37C(1), (b) the existing periodical payments (HK$158,000/month) constitute reasonable provision in all the circumstances, (c) awarding large lump sums would risk prejudicing the residuary beneficiary and would improperly negate the effects of the applicant's bankruptcy, and (d) there was no basis to vary the Income P…

  • 26 Jan 2015

    TAM MEI KAM v. HSBC INTERNATIONAL TRUSTEE LTD AND OTHERS

    Citation
    TAM MEI KAM v. HSBC INTERNATIONAL TRUSTEE LTD AND OTHERS
    Court
    Court of First Instance
    Case number
    HCMP2981/2004

    The court held the order refusing the extra special maintenance was a summary determination of substantive rights and thus exempt from the leave requirement under O59 r21(1)(a); alternatively, even if leave were required, the applicant failed to show a reasonable prospect of success or any other reason in the interests of justice, so leave to appeal was denied; payment to the applicant was limited by an income payments order under s43E Bankruptcy Ordinance.

  • 15 Jan 2015

    TAM MEI KAM v. HSBC INTERNATIONAL TRUSTEE LTD AND OTHERS

    Citation
    TAM MEI KAM v. HSBC INTERNATIONAL TRUSTEE LTD AND OTHERS
    Court
    Court of First Instance
    Case number
    HCMP2981/2004

    The court awarded a one-off special Lunar New Year payment of HK$130,000 (HK$100,000 adjusted for inflation plus HK$30,000 for special non-recurrent care) payable by the 1st respondent; revised ongoing monthly maintenance totals to HK$158,000 with HK$50,000 payable to the applicant and the balance to the trustees of bankruptcy, taking effect January 2015; claims for rent arrears (HK$215,000) and arrears for herbs/medicine/acupuncture were dismissed for failure to follow prior court directions, lack of justification and absence of expert medical evidence; the application to remove the discharg…