Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Undertakings vs court orders

  • 21 May 2019

    RWMY v. AH

    Citation
    [2019] HKFC 119
    Court
    Family Court
    Case number
    FCMC5635/2008

    Material changes of circumstances (children studying in UK and their maturing needs) justified revising payment structure. Court balanced living standard, children’s needs and existing undertakings: ordered a mixed structure (direct payments/undertakings and fixed sums to children and to wife). Reimbursement claim dismissed because those items were not separately ordered/undertaken under the consent orders and enforcement, not variation under s11, is the appropriate remedy. Specific monthly maintenance to wife set at HK$39,000 total ($19,500 per child) with specified UK pocket money and unive…

  • 9 Jun 2009

    MRH v. GMHnK

    Citation
    MRH v. GMHnK
    Court
    Court of Appeal
    Case number
    CACV80/2008

    Appeal allowed in part: the court reduced the wife's pension share from 40% to 30% and removed any entitlement to the husband's share options because the judge erred in awarding future potential capital on top of already generous capital awards; the percentage-of-income order was replaced by fixed monthly periodical payments (HK$45,000 to the wife until 31 July 2017 or remarriage; HK$25,000 to the child until 18 or end of secondary education, thereafter direct to the child during university); certain provisions must be expressed as undertakings rather than enforceable orders; capital payment…