Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Variation/discharge of orders

  • 5 Nov 2021

    CWCV v. LCKC

    Citation
    [2021] HKFC 228
    Court
    Family Court
    Case number
    FCMC7162/2013

    The court rejected the respondent's claim of an oral settlement as inherently improbable and lacking particulars; accordingly there was no material non-disclosure by the petitioner in her application for the charging order. The duty of full and frank disclosure applies to ex parte applications and does not require the petitioner to disclose the alleged subsequent oral agreement after the charging order nisi where the respondent had notice and opportunity to oppose; therefore the respondent's application to discharge the charging order must be dismissed.

  • 29 Jul 2014

    屠 v. 李

    Citation
    屠 v. 李
    Court
    Family Court
    Case number
    FCMC15826/2013

    Leave to appeal was refused because the Husband failed to show an arguable case with reasonable prospects of success on the 12 grounds; the District Court lawfully exercised its discretion under CJR and Order 1A to deal with a consent application filed and unamended for months; the Orders constituted lump sum orders within MPPO s4 with instalments specified under s4(2)(b); questions about timing of instalments, sequencing and set-off do not amount to prohibited variations under s11 and can be resolved by directions; the imperfect inclusion of a section 18 declaration in the sealed order will…