10 Sept 2013
H v. W AND OTHERS
- Citation
- H v. W AND OTHERS
- Court
- Court of First Instance
- Case number
- HCMC6/2008
Applying the sharing principle and s7 MPPO, the court found H had materially breached his duty of full and frank disclosure, destroyed/withheld documents and engaged in conduct justifying adverse inferences and additions to the matrimonial pool; the offshore trust was a discretionary family trust (not a 'dear me' trust) but variation was justified to achieve a clean break by removing H as beneficiary; 50% of the trust value was treated as a financial resource for W; the court quantified disclosed and reasonably inferred undisclosed assets, applied a conservative market-based growth rate, calc…