Read the full judgment text of FCMC 9973/2016 on BabelCite. This Family Court judgment was delivered on 25 October 2018 before His Honour Judge G. Own.
Matrimonial Causes – Maintenance Pending Suit – Legal Costs Provision – Currey Test – District Court – Petitioner (W) sought legal costs provision of HK$500,000 from joint bank account – Respondent (H) sought similar withdrawal for himself – Court applied Currey v. Currey principles – W satisfied Currey test as it unreasonable to deploy savings given H's disposal of property proceeds – H's claim of financial hardship rejected as company losses not personal and bank balances covered legal costs – W's application granted, H's dismissed – W awarded costs of both applications.
Legal issues: Legal costs provision for Petitioner · Legal costs provision for Respondent
Outcome: Petitioner's application granted; Respondent's application dismissed.