Read the full judgment text of FCMC 611/2014 on BabelCite. This Family Court judgment was delivered on 18 December 2020 before Deputy District Judge Thelma Kwan.
Matrimonial Proceedings – Consent Order – Undertaking – Variation – Debenture Proceeds – District Court – Clearwater Bay Golf and Country Club – The parties married in 1979 and divorced in 2014. A 2014 Consent Order required the Petitioner to transfer a golf club membership to the Respondent. The membership could not be transferred but could be surrendered for proceeds of HK$2,530,000. The Petitioner sought to vary the undertaking to use proceeds for their son. The Court held that undertakings cannot be varied and discharge requires specific grounds such as fraud or material change making compliance not feasible. The Petitioner's change of mind did not meet these grounds. The Respondent was entitled to the proceeds. The Petitioner was ordered to surrender the membership and pay proceeds to the Respondent solely. Costs were awarded to the Respondent.
Legal issues: Variation of Undertaking · Directions sought by Respondent
Outcome: Summons granted; Petitioner ordered to surrender membership and proceeds paid to Respondent solely.
Cites 4 cases