Read the full judgment text of FCMC 6340/2018 on BabelCite. This Family Court judgment was delivered on 22 July 2022 before His Honour Judge I Wong.
Matrimonial Proceedings – Maintenance Pending Suit – Legal Costs Provision – Consent Summons – Matrimonial Proceedings and Property Ordinance (Cap 192) – District Court – Interim Relief – The husband applied for maintenance pending suit and legal costs provision in a 17-year marriage with two sons studying in the UK. The wife opposed citing consent summonses, alleged wanton spending, and failure of disclosure. The court held the husband had sufficient liquid assets of approximately $2.674 million to cover living expenses for 20 months, thus declining the MPS application. However, the court found the husband satisfied the Currey test for legal costs provision due to a shortfall after retaining living expenses. The consent summonses were considered a factor but not a straitjacket given factual disputes regarding their formation. Orders made for legal costs provision of $202,500 per month and half costs of the application to the husband.
Legal issues: Maintenance Pending Suit Application · Legal Costs Provision · Effect of Consent Summons
Outcome: MPS application declined; Legal Costs Provision granted.
Cites 7 cases