Read the full judgment text of FCMC 15494/2016 on BabelCite. This Family Court judgment was delivered on 17 June 2021 before Deputy District Judge Susan Wong.
Ancillary relief – Matrimonial assets – Third party interests in securities account – Add-back of medical expenses – Flat 8A exclusion – Earning capacity – Children's maintenance – Clean break – District Court – Matrimonial Proceedings and Property Ordinance – LKW v DD – Equal sharing principle – Needs principle – Nominal maintenance – Costs to Respondent – Petitioner Wife claimed ancillary relief against Respondent Husband after 6 year marriage. Dispute over third party interests in securities account held by H for his mother, brother and aunt. Court found H's evidence supported third party interests and excluded USD 564,405. Medical and insurance expenses withdrawn by H treated as family expenditure, not added back. Flat 8A purchased before marriage for H's mother and brother excluded from distribution. W found to have earning capacity to return to workforce despite claims of children's special needs. Children's maintenance set at HK$88,000 per month. No nominal maintenance awarded as clean break appropriate given W's assets and earning capacity. Costs awarded to Respondent.
Legal issues: Third party interests in Securities Account · Add-back of medical expenses · Exclusion of Flat 8A · W's earning capacity · Children's maintenance amount · Nominal maintenance
Outcome: Ancillary relief granted; assets divided; children's maintenance awarded; clean break ordered.
Cites 4 cases