3 Mar 2025
Leave to appeal refused because the applicant failed to demonstrate a reasonable prospect of success; the trial judge properly assessed assets on the available evidence, correctly found insufficient evidence of beneficial ownership and of specific double-counting, and there was no interest of justice reason to hear the appeal; consequently no stay and costs awarded to respondent.
9 Aug 2024
After identifying and valuing the matrimonial assets and disputed items the Court applied the LKD v DD framework and found no good reason to depart from equal sharing; it rejected most allegations of wanton dissipation but found the Respondent had retained HK$280,000 from multiple unexplained cash withdrawals (re‑attributed to his cash savings), valued the Wife's 45% shareholding in EBL at HK$150,000 and the contested insurance policy at account value HK$865,744; ordering sale of the principal property and equal division of net proceeds, a lump sum payment by the Respondent of HK$2,330,103 wi…
28 Sept 2023
Expert valuation was not relevant or necessary because the central issues were existence of an oral agreement and satisfaction of a condition precedent—questions of factual credibility and subjective belief which could be resolved from pleadings and witness statements; the proposed valuation was of limited and unverifiable probative value, disproportionate in cost and delay, and therefore the Master correctly refused the expert directions and the appeal is dismissed.
11 May 2023
The court granted leave to the Plaintiffs to adduce expert evidence on the FISH, SPR and Valuation issues, granted the 2nd Defendant leave to adduce expert evidence on valuation, directed the parties to lodge agreed draft consequential directions within 14 days, dismissed the Plaintiffs' request to restrain the 2nd Defendant from future interlocutory applications (para 7), and ordered costs to the Plaintiffs on a nisi basis to be paid by the 2nd Defendant.
24 Feb 2023
Applying the LKW v DD steps under MPPO s.7 the court accepted the SJE valuations and found total family assets HK$58,512,972, assessed needs and earning capacities, drew an adverse inference from the Husband's failures of disclosure, determined assets sufficient to meet needs, applied the sharing principle but departed modestly from equality because of the Wife's greater needs and the Husband's higher earning capacity, and ordered sale of the Wing On Lodge and Winfield properties with net sale proceeds to be divided 54% to the Wife and 46% to the Husband; ordered child maintenance of HK$50,55…
9 Aug 2022
The court held that the correct basis for ordering production in these matrimonial proceedings is Order 24 r.10 and r.11 RHC (applied via Matrimonial Causes Rules), not Order 24 r.7 or inherent jurisdiction, and that s.21 Evidence Ordinance orders against banks require demonstration of special cause which was not shown; discovery was therefore limited to documents necessary to dispose of live issues and which were in the respondent's possession, custody or power. Requests for company or trust documents not under the respondent's control or which concerned transfers not challenged by a separat…
22 Apr 2020
The court refused admission of the late affirmation and, applying s6A and s6D of the Ordinance and the objective reasonableness test, found the debtor failed to show ability or a reasonable prospect to pay and failed to demonstrate that no reasonable hypothetical creditor would have refused her offers; the offers were uncertain, lacked timely disclosure and adequate security, and the petitioning creditor's refusal was reasonable; accordingly a bankruptcy order was made against the debtor.
2 Aug 2019
The court appointed Ms Pamela W.I. Lam (Centaline) as the parties' single joint expert for update valuations of the three landed properties to be filed by respondent by 30 August 2019, and Mr Jerome McDonagh (Matson Driscoll & Diamico Ltd) as the parties' single joint expert for the valuation of M L Ltd to be filed by respondent by 27 September 2019; the costs of preparing those reports are to be borne equally initially and to be in the cause, and an order nisi was made that the petitioner pay the respondent's costs of the present application (taxed if not agreed) unless varied within 14 days.
23 Nov 2018
Applying the LKW five‑step framework the court identified family assets totalling HKD3,618,614.81, assessed both parties had working capacity and similar contributions over a 31‑year marriage, started from equal sharing but departed to a 60:40 split in favour of the wife because of the husband's adultery, abandonment and partial nondisclosure of post‑sale proceeds; offsetting the wife's existing asset position produced a net lump sum payment by the husband of HKD100,204.88 to achieve the 60:40 allocation and to finalise ancillary relief, with each party to bear their own costs given responden…
20 Mar 2018
The court found on credibility and objective conduct evidence that a concluded verbal agreement was reached at the June 8 2008 meeting containing essential terms (transfer of car parks to HL, waiver of HL's debt by HIECL as agreed between siblings, defendants' personal repayment of HK$500,000, equalization payment and procedural share transfers). The 2 July 2008 share transfers and HL's subsequent use of the car parks amounted to part performance evidencing the contract. Specific performance was granted against the defendants to procure the agreed outcomes; separately, HIECL's claim for repay…