Ak v. Mynt
Read the full judgment text of FCMC 16285/2017 on BabelCite. This Family Court judgment was delivered on 20 January 2020 before His Honour Judge K.K. Pang.
Matrimonial Causes – Transfer of Proceedings – District Court to Court of First Instance – Complexity of assets – Overseas trusts – Ancillary relief – s.17 Matrimonial Proceedings and Property Ordinance – Costs reserved – Case management directions – Jewellery testing – Long marriage with two adult children – Undisputed assets HKD255 million – Overseas trusts USD69 million – Petitioner s.17 Application – Transfer suitable for Court of First Instance – Decree Nisi timing – Costs reserved for Court of First Instance – Joint appointment of Christie’s for jewellery testing
Legal issues: Transfer of Proceedings
Outcome: Transfer of proceedings to Court of First Instance
Cited by 4 cases
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FCMC16285/2017 [2020] HKFC 28 IN THE DISTRICT COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION MATRIMONIAL CAUSES NUMBER 16285 OF 2017 ----------------------------
------------------------ Coram: His Honour Judge K.K. Pang in Chambers (Not open to public) Date of Hearing: 17 January 2020 Date of Reasons for Decision: 20 January 2020 ----------------------------------------------- REASONS FOR D E C I S I O N (Transfer of Proceedings to the Court of First Instance) ----------------------------------------------- 1.The procedural history of the present case can be gleaned from the Respondent’s Concise Statement of Issues and Chronology lodged with the court on 13 January 2020. 2.By a summons dated 23 December 2019, the respondent husband (‘Husband’) made an application for an order for the transfer of these proceedings to the Court of First Instance. In his 7th Affirmation filed on 2 January 2020, the Husband set out the reasons why he sought the transfer. The parties are in agreement that the present case should be transferred to the Court of First Instance in view of the complexity of the legal and factual issues involved, as well as the size of the parties’ assets. The solicitors for the Husband has procured a consent summons filed on 14 January 2020 for the court’s consideration and perusal. 3.This is a long marriage with two children both being adults and financially independent, the only outstanding issue is the competing ancillary relief application made by the parties. It is accepted that the total value of the undisputed matrimonial assets is in the region of HKD255 million. However, it is the petitioner wife’s case that certain assets in the form of overseas trusts worth USD69 million and are held for the benefits of the respondent husband and other family members are nuptial in nature and in the circumstance the petitioner wife has taken out an application under s.17 of the Matrimonial Proceedings and Property Ordinance (Cap. 192) (‘s.17 Application’) to set aside those overseas dispositions. It is accepted that there is a complex foreign element in the ongoing s.17 application that is vehemently opposed by the Husband. In view of parties’ positions and arguments in relation to the overseas trusts, the capital value of the assets involved and the high complexity of the factual and legal issues involved, I accept that these proceedings are suitable to be dealt with in the Court of First Instance. 4.Accordingly, it is ordered that:
5.When ordering transfer, by consent I also give the case management direction that the parties shall jointly appoint Schweizerische Stiftung für Edelstein-Forschung via Christie’s test the following jewellery forthwith upon the parties’ agreeing to sell the pieces in Christie’s main auction or online sale in May 2020:-
All the testing costs including but not limited to shipping and insurance costs of shipping be borne by the parties equally.
Ms. Madeleine Booth instructed by M/s Oldham Li & Nie Mr. Jonathan Mok of M/s Johnathan Mok Legal | ||||||||||||||
Other judgments that cite this case
Further hearings and rulings under FCMC 16285/2017