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The Family Court refused to vary a 2023 custody and access order, finding no material change of circumstances and giving weight to the child’s wishes and social welfare reports.
The applicant misconstrued the earlier Court of Appeal judgment: the court refused leave, revoked the applicant's summons and only made an order as to costs; the 31 December 2024 summons seeking to vary the judgment was misconceived and is revoked; the costs order assessed at HK$9,500 remains in force as a final order and no further costs are awarded.
Source excerpt
The court refused to vary a prior costs order, holding the original order fairly reflected mixed success before the Master and on appeal. P1 must pay the costs of the variation application.
The court refused a defendant’s request to vary a HK$85 million security condition and denied leave to appeal, holding he had not given full and frank disclosure.
The Court of Appeal held that the plaintiffs were entitled to party-and-party costs of a variation summons and consent summons after a disputed appeal dismissal.
The court dismissed the father’s bid to reduce interim maintenance and ordered him to pay outstanding school fees, holding his undertaking remained binding and enforceable.
The Court of First Instance refused to vary a prior order discharging a Mareva injunction, holding the plaintiffs had not shown a distinct case against the 1st defendant.
The court varied interim maintenance for a child of the family to HK$15,000 per month, relying on the parties’ prior standard of living and the husband’s incomplete disclosure.
The Court of Appeal construed a 1999 consent order on child maintenance and an education fund, set aside part of the enforcement order, upheld the maintenance variation, and made no order as to costs.
Summary assessment of costs in an ex parte variation application. The court fixed hourly rates, allowed related work, and assessed recoverable costs at HK$76,146.
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