Read the full judgment text of FCMC 16239/2013 on BabelCite. This Family Court judgment was delivered on 24 August 2016 before HH Judge Bruno Chan.
Matrimonial causes – Costs – Variation of costs order nisi – Trial of preliminary issue – Beneficial ownership – Leave to remove children – Welfare – O.62 r.3(2) – LKW v DD [2010] 13 HKCFAR 537 – The Petitioner Wife applied to vary a costs order nisi from the trial of a preliminary issue concerning the beneficial ownership of assets held in the Respondent Husband's name, which were claimed by the Interveners (Husband's parents) to be on trust for them. The Court found the assets belonged to the Parents and held the Wife liable for half the costs of the trial, noting that while she made unfounded allegations, the trial was necessary for credibility. The Respondent Husband also made an unsuccessful application for leave to remove the two children of the family to Singapore for a summer holiday. The Court refused the removal application due to unresolved welfare concerns regarding overnight access and made no order as to costs for that application.
Legal issues: Variation of costs order nisi · Costs of leave application for removal of children
Outcome: Application for variation of costs order granted (Wife pays half); Application for leave to remove children refused; No order as to costs for removal application.
Cited by 3 cases