Read the full judgment text of FCMC 14440/2016 on BabelCite. This Family Court judgment was delivered on 28 March 2019 before Deputy District Judge 彭家光.
Ancillary relief – Matrimonial Proceedings and Property Ordinance s.7 – Beneficial ownership – Resulting trust – Constructive trust – Separation date – Lump sum payment – No order as to costs – Petitioner and Respondent married in December 2014 after Petitioner's previous divorce. Respondent claimed he resigned from his job at Petitioner's request and needed financial support. Petitioner claimed Respondent borrowed money and sought return of loans. Court found Petitioner was sole beneficial owner of property 新天名城. Separation date held to be September 2015. Payment of HK$162,000 on 2016-11-11 not a loan but no agreement for compensation. Court awarded Respondent lump sum of RMB 188,275 based on loss of income and contributions to marriage. Petitioner's claim for return of loans dismissed. No order as to costs.
Legal issues: Beneficial ownership of property · Separation date · Nature of payment on 2016-11-11 · Ancillary relief calculation
Outcome: Respondent's claim for ancillary relief granted; Petitioner's claim for return of loans dismissed; No order as to costs.
Cites 2 cases