Hong Kong Case Law: Decisions & Judgments

Topic

Trust distributions

Legal area

Court

23 Feb 2021

KCMA v. ABC AND OTHERS

Citation

[2021] HKCFI 357
Court

Court of First Instance
Case number

HCMC1/2019

W was unreasonable in reversing the first transfer and failing to provide timely and adequate evidence of the return; accordingly W must pay H's costs incurred from 7 December 2020 onwards, but not H's costs of attendance at the hearing; costs to be summarily assessed and paid within 14 days of assessment with specified timelines for submissions; the Summons is treated as dismissed under the existing Consent Order and no further dismissal order is required.
21 May 2020

KCMA v. ABC AND OTHERS

Citation

[2020] HKCFI 848
Court

Court of First Instance
Case number

HCMC1/2019

The Family Trust is a realistic source of litigation funds for both parties; the correct process is a joint request to the Trustee and distributions should be limited to funding through the FDR stage. On the material before the court the appropriate interim quantum is HKD 1,500,000 each to be paid by the Trustee direct to each party's solicitors to be applied to billed/unbilled costs and held on account; the 2nd Summons is adjourned sine die and will be dismissed upon such payments; costs of this application are reserved to the ancillary relief trial.
16 Nov 1983

SUSAN ELIZABETH HORTON v. GERARD FANCIS HORTON AND ANOTHER

Citation

SUSAN ELIZABETH HORTON v. GERARD FANCIS HORTON AND ANOTHER
Court

Court of First Instance
Case number

HCMC19/1983

Court applied the standard of reasonableness and needs, discounted the wife's claimed expenditures (finding July/August figures inflated by children's presence and legal costs), declined to treat potential trust entitlements as available, and awarded interim maintenance of HK$28,000 per month backdated to 1 September 1983.

Hong Kong Case Law

KCMA v. ABC AND OTHERS

KCMA v. ABC AND OTHERS

SUSAN ELIZABETH HORTON v. GERARD FANCIS HORTON AND ANOTHER