Read the full judgment text of FCMC 3927/2015 on BabelCite. This Family Court judgment was delivered on 31 March 2022 before His Honour Judge G. Own.
Matrimonial law – enforcement of lump sum – leave to enforce arrears – Matrimonial Proceedings and Property Ordinance s.12 – computation of 12-month period – grace period – special circumstances – costs – Consent Order – 72 instalments – 90-day grace period – delay not excessive – good reasons established – leave granted – costs order. – Whether the 12-month period under Section 12 of the MPPO starts from the payment date or the expiry of the 90-day grace period – Court held it starts from the expiry of the grace period – Whether delay was excessive – Court held delay was not excessive given the history of late payments – Whether special circumstances existed – Court held yes due to the chase-wait-get paid pattern – Leave granted to enforce HK$380,000 arrears – Respondent to pay costs.
Legal issues: Start of 12-month period · Effect of past late payments · Excessive delay · Good reasons or special circumstances
Outcome: Leave granted to enforce payment of arrears totaling HK$380,000
Cites 4 cases