Read the full judgment text of FCMC 1342/2015 on BabelCite. This Family Court judgment was delivered on 9 September 2019 before Her Honour Judge Sharon D. Melloy.
Matrimonial proceedings – Section 17 application – Ancillary relief – Lump sum – Needs based – Costs – Share transfer – Adverse inference – Maintenance arrears – Petitioner absent – Respondent legally aided – Section 17 application dismissed as no different order would be made – Adverse inference not drawn generally due to lack of evidence of lavish lifestyle – Knokke property valued at GBP350,000 net – Case regarded as needs based rather than sharing – Husband earning capacity recognized despite illness claim – Lump sum awarded for housing and support in Philippines – Nominal maintenance ordered – Costs awarded to wife on indemnity basis – Matrimonial Proceedings and Property Ordinance, Cap. 192 – Matrimonial Causes Rules – LKW v DD (FACV no 16 of 2008) – KEWS v NCHC [2013] HKFLR 180 – NG v SG [2011] EWHC 3270 – Kemmis v Kemmis [1998] 1 WLR 1307 – C v T (unreported, 3 June 2009, FCMC 12488/2003) – K v K (Avoidance of Reviewable Disposition) (1983) 4 FLR 31 – Loveden ν Loveden (1810) 2 Hagg Con 1 – O’Dν O’D [1976] Fam 83 – SR ν CR [2009] 2 FLR 1083 – Howard ν Howard [1945] P 1 – B ν B (1982) 3 FLR 298 – BrowneνBrowne [1989] 1 FLR 291 – TL v ML (Ancillary Relief ClαiTn Against Assets of Extended Family) [2006] 1 FLR 1263 – Charman ν Charman [2006] 2 FLR 422 – Thomas ν Thomas [1995] 2 FLR 668 – Al-Kbatib v Masry – Parties married in 2009 and separated in 2013 with two children – Wife applied to set aside share transfer to husband's father in 2012 – Husband moved to Belgium and did not participate in trial – Court found limited assets primarily investment property in UK – Case determined as needs based – Lump sum GBP350,000 awarded for housing and support – Nominal maintenance HK$1 per annum ordered – Costs awarded to wife on indemnity basis due to husband's non-participation and failure to comply with orders – Section 18 declaration issued – Liberty to apply granted
Legal issues: Section 17 Application · Asset Computation and Disclosure · Maintenance and Needs · Costs
Outcome: Section 17 application dismissed; Lump sum GBP350,000 awarded; Nominal maintenance ordered; Costs to wife on indemnity basis
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