Read the full judgment text of CACV 524/2019 on BabelCite. This Court of Appeal judgment before Hon Lam VP and Au-Yeung J.
Civil appeal – divorce – litigation funding – costs estimates – Form H – backdating – FDR – Matrimonial Proceedings and Property Ordinance Cap 192 – appeal allowed in part – monthly funding limited to FDR – backdated sum reduced – Whether the wife needed litigation funding given her assets and the UK property – Yes – Whether Form H inaccuracies invalidated the quantum assessment – No, Judge's approach was sensible despite Form H errors – Whether funding should be limited to FDR – Yes – Whether backdated sum should cover incurred costs only – Yes, reduced to $155,000 – Monthly payment of HK$50,000 from 1 August 2019 until FDR – Backdated sum of HK$155,000 – Wife to pay husband HK$53,500 costs deducted from funding
Legal issues: Need for litigation funding · Lack of reliable evidence on quantum · Form and duration · Backdated amount
Outcome: Appeal allowed in part; order on litigation funding set aside and varied; backdated sum reduced
Cited by 13 cases · Cites 4 cases