Read the full judgment text of FCMC 2648/2018 on BabelCite. This Family Court judgment was delivered on 31 December 2020 before District Judge S. Lo.
Matrimonial Causes – Variation of Interim Maintenance – Matrimonial Proceedings and Property Ordinance (Cap. 192) – Adverse Inference – Full and Frank Disclosure – Broad-brush Approach – Ability to Pay – Change of Circumstances – Costs Reserved – Interim Order Varied – Petitioner (H) applied to discharge interim maintenance order requiring payment of approximately $70,000 per month for mortgage and children – H claimed financial hardship with business closed in 2011 and income reduced to $5,461 per month in Malaysia – Respondent (W) alleged H hid assets and failed full disclosure citing cash withdrawals – Court applied de novo approach under s.11 MPPO considering all circumstances – Court referenced AEM v VFM and HFJC v KCY principles on maintenance pending suit – Court found H's disclosure not materially deficient with over 10,000 pages of documents produced – Court refused to draw adverse inference against H regarding hidden assets as W failed to quantify alleged hidden funds per Z v X – Court found H unable to pay under current circumstances – Court found parties standard of living cannot be maintained after separation – Court varied Interim Order to discharge maintenance except school trip reimbursement – Costs of application reserved for determination after ancillary relief trial due to broad brush approach – Court noted jurisdiction to order sale of capital assets for interim maintenance is unclear – Court noted H's stock trading profit of $2.7 million over 9 years but current value zero – Court noted W's cash assets of $1.2 million but cannot order use of capital for children's expenses – Court emphasized empirical approach and rough and ready conclusion for interim maintenance
Legal issues: Variation of Interim Maintenance · Adverse Inference for Non-Disclosure · Costs of Application
Outcome: Interim Order varied; Petitioner's application to discharge granted except for school trip reimbursement; Costs reserved.
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