Read the full judgment text of HCMP 1498/2016 on BabelCite. This High Court CFI judgment was delivered on 8 July 2019 before Deputy High Court Judge Allan Leung.
Criminal law – Family law – Undue influence – Unconscionable bargain – Maintenance Agreement – Sham divorce – Property dispute – Mental capacity – Gifts – Counterclaim – Costs – Plaintiff and Defendant were husband and wife going through divorce. Plaintiff sought to set aside Consent Order and declaration that gifts and money given to Defendant stand to credit of Plaintiff. Bases were misrepresentation, undue influence, and unconscionable bargain. Defendant counterclaimed for HK$393,000 for Hanergy shares. Court found general gifts not unconscionable but Shenzhen Property and Coronation Property transactions were unconscionable bargains due to moral impropriety and concealment. Maintenance Agreement and Consent Order set aside as sham divorce and suspicious circumstances. Counterclaim dismissed. No order as to costs.
Legal issues: Undue influence and unconscionable bargain · Validity of Maintenance Agreement and Consent Order · Counterclaim for Hanergy shares
Outcome: Maintenance Agreement and Consent Order set aside; Counterclaim dismissed; Properties declared as Plaintiff's assets.
Cited by 1 case · Cites 4 cases