Read the full judgment text of FCMC 4264/2012 on BabelCite. This Family Court judgment was delivered on 26 May 2016 before HH Judge Bruno Chan.
Ancillary relief – Matrimonial assets – Charging Order – Child welfare – Disclosure – District Court – Wife awarded entire funds in court – Charging Order refused against funds – Husband absent – Adverse inference drawn – 11-year marriage – Workshop sold proceeds paid into court – Husband left for Thailand – Wife has sole custody of son with hearing disability – HWG obtained Charging Order for unpaid legal costs – Court applied s.7 MPPO principles – Wife's needs and son's welfare prioritized over judgment creditor – Husband failed to disclose assets and income – Adverse inferences drawn against Husband – Interim order made for HK$2.9 million to Wife – Remaining funds awarded to Wife for son's maintenance until 18 or completion of education – No order as to costs due to unrepresented parties and Husband out of jurisdiction
Legal issues: Division of Matrimonial Assets · Priority of Charging Order · Husband's Disclosure
Outcome: Ancillary relief application granted in favour of Wife. Charging Order refused against funds in court.