Read the full judgment text of FCMC 17515/2013 on BabelCite. This Family Court judgment was delivered on 31 December 2015 before 區域法院暫委法官彭家光.
Matrimonial Proceedings and Property Ordinance (Cap 192) s.17 – Intention to defeat claim – Trust relationship – Presumption of advancement – Costs – Application granted in part – Transactions revoked – Deposit ordered – The wife applied under s.17 to revoke property transfers made by the husband to his parents. The court found that the transfers of 3.8 million HKD were made with the intention to defeat the wife's claim for ancillary relief. The court rejected the husband's claim that a trust relationship existed between him and his parents. The 90,000 HKD transfer for property purchase was deemed a gift. The court ordered the Second Intervener to deposit 250,000 HKD into court. No order as to costs was made as neither party fully succeeded.
Legal issues: Intention to defeat claim under s.17 · Existence of trust relationship · Nature of 90,000 HKD transfer · Costs
Outcome: Application granted in part. Certain transactions revoked. Second Intervener ordered to deposit funds. No order as to costs.
Cites 2 cases