Read the full judgment text of FCMC 8081/2014 on BabelCite. This Family Court judgment was delivered on 6 October 2015 before Deputy District Judge Yim.
Matrimonial proceedings – Maintenance Pending Suit – Legal costs contribution – Currey v Currey – HJFG v KCY – Wife unemployed – Husband has sufficient funds – Order for contribution – Matrimonial Proceedings and Property Ordinance Cap 192 s.3 – District Court – Divorce – Ancillary Relief – Wife's funds depleted by legal costs – Husband's equity sufficient – Reasonable to order contribution – Costs of application awarded to wife – MPS settled at HK$5,000 per month – Legal costs contribution of HK$600,000 ordered – 12 monthly instalments – Wife's remaining savings insufficient for FDR costs – Husband's savings sufficient to meet obligations – Wife's investment property not to be sold for legal costs – General principle applies to costs of application – Counsel certificate for costs – Taxed if not agreed – Judgment delivered on 6 October 2015 – Deputy District Judge Yim presiding – Application heard on 21 September 2015 – Parties agreed on MPS amount – Legal costs contribution remaining issue – Wife's Form E and Affirmations considered – Husband's Form E and Affirmations considered – Financial statements of companies reviewed – No liquidity problem for husband's companies – Wife's rental income and MPS for daily expenses – Wife's bank balance decreased from HK$1,296,933 to HK$438,306 – Husband's equity investment HK$7mils – Wife's investment property net worth HK$4.8mils – Wife's legal costs up to application HK$700,000 – Wife's estimated costs up to FDR HK$1mils – Husband's estimated costs up to FDR HK$50,500 – Court satisfied husband should contribute – Order nisi to be made absolute in 14 days – Costs incidental to present application – Counsel certificate required – Taxation if not agreed – Parties failed to file updated Form H before hearing – Updated Form H filed during hearing – Wife's estimated costs Part 1 HK$1,092,400 – Wife's estimated costs Part 2 HK$1mils – Husband's estimated costs Part 1 HK$537,000 – Husband's estimated costs Part 2 HK$50,500 – Wife's savings not sufficient for legal costs – Husband's savings sufficient for financial obligations – Wife's standard of living lower than husband's – Wife's investment property used for income generation – Sale of property unreasonable for funding trial – Preliminary issues not limited to property claimed by R2 – Main focus on property claimed by R3 and R4 – R2 is overseas company – Security for costs against R2 may be obtained – Security not available before final determination – Husband's financial responsibilities increased – Husband's monthly expenses exceed income – Husband to use savings for daily expenses – Husband's savings sufficient for 12 months expenses – Wife's legal costs contribution reasonable – Order for contribution made – Husband to pay wife's costs of application – General principle applies – Costs to be taxed if not agreed – Counsel certificate required – Order nisi to be made absolute in 14 days – Judgment delivered on 6 October 2015 – Deputy District Judge Yim presiding – Application heard on 21 September 2015 – Parties agreed on MPS amount – Legal costs contribution remaining issue – Wife's Form E and Affirmations considered – Husband's Form E and Affirmations considered – Financial statements of companies reviewed – No liquidity problem for husband's companies – Wife's rental income and MPS for daily expenses – Wife's bank balance decreased from HK$1,296,933 to HK$438,306 – Husband's equity investment HK$7mils – Wife's investment property net worth HK$4.8mils – Wife's legal costs up to application HK$700,000 – Wife's estimated costs up to FDR HK$1mils – Husband's estimated costs up to FDR HK$50,500 – Court satisfied husband should contribute – Order for contribution made – Husband to pay wife's costs of application – General principle applies – Costs to be taxed if not agreed – Counsel certificate required – Order nisi to be made absolute in 14 days – Judgment delivered on 6 October 2015 – Deputy District Judge Yim presiding – Application heard on 21 September 2015 – Parties agreed on MPS amount – Legal costs contribution remaining issue – Wife's Form E and Affirmations considered – Husband's Form E and Affirmations considered – Financial statements of companies reviewed – No liquidity problem for husband's companies – Wife's rental income and MPS for daily expenses – Wife's bank balance decreased from HK$1,296,933 to HK$438,306 – Husband's equity investment HK$7mils – Wife's investment property net worth HK$4.8mils – Wife's legal costs up to application HK$700,000 – Wife's estimated costs up to FDR HK$1mils – Husband's estimated costs up to FDR HK$50,500 – Court satisfied husband should contribute – Order for contribution made – Husband to pay wife's costs of application – General principle applies – Costs to be taxed if not agreed – Counsel certificate required – Order nisi to be made absolute in 14 days
Legal issues: Legal costs contribution · Costs of the application
Outcome: Application for MPS settled at HK$5,000/month; Legal costs contribution ordered at HK$600,000; Costs of application awarded to wife.
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