9 Jan 2007
FRED LEE v. LEE YUK MAN
- Citation
- FRED LEE v. LEE YUK MAN
- Court
- Court of First Instance
- Case number
- HCB9461/2002
The court held that s30A(9) can be read broadly to permit the court to grant a discharge subject to conditions in circumstances arising under s30A(3) (suspension for objection) or s30A(7) (lifting/shortening suspension), because that construction gives effect to the statutory wording and purpose. However, the power to impose continued contribution conditions must be exercised sparingly, on full material and judicial scrutiny (analogous to income payments orders), and the mechanism of mass objection summonses followed by consent withdrawals risks abuse. On the facts the Judge declined to grant…