B, Ggb Aka N, Ggb v. B, Nd
Read the full judgment text of FCMC 1410/2019 on BabelCite. This Family Court judgment was delivered on 12 January 2023 before HH Judge C.K. Chan.
Matrimonial causes – payment out from escrow account – interim maintenance – legal costs provision – joint property liabilities – Husband withdrew application – Wife succeeded – costs to follow event
Legal issues: Husband's summons for payment out · Wife's summons for payment out · Costs
Outcome: Husband's summons dismissed; Wife's summons granted
Cites 1 case
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FCMC 1410/2019 [2023] HKFC 16 IN THE DISTRICT COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION MATRIMONIAL CAUSES NO. 1410 OF 2019 ____________________
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----------------------- D E C I S I O N ------------------------ Applications 1.There are two applications before me, one from the Respondent (“the Husband”) and one from the Petitioner (“the Wife”). They are:
2.On 8 November 2022, this court granted orders for the Husband’s summons to be dealt with on paper with some consequential directions. On 11 November 2022, a letter was received from the Husband (dated 3 November 2022) in which he asked for, inter alia, the withdrawal of his applications and for an adjournment of the CMH. But since directions for paper disposal have already been given, the court gave further directions for the Husband to confirm his “withdrawal” and to notify Messrs Oldham, Li & Nie accordingly, failing which the court would proceed to deal with his summons on paper. No such confirmation was received from the Husband. 3.On 6 December 2022, I have also given orders for the Wife’s summons to be dealt with on paper with consequential directions for the filing of affidavits and closing submissions. 4.Up to date, only the Wife has complied with the court’s directions on the filing of affidavits and closing submissions. It seems that the Husband has left Hong Kong for Thailand and he has not filed any affidavit in opposition, nor any closing submissions. 5.I will now proceed to deal with the parties’ respective applications. The Husband’s Summons 6.The Husband’s summons is rather straight forward and could be dealt with summarily. It is noted that the Husband has taken no active part in pursuing his summons after its issuance on 14 September 2022. He has filed no affidavit in reply, nor any closing submissions. Most important of all, he has stated in his letter dated 3 November 2022 (received on 11 November 2022) that he withdrew his application to seek payment out from the escrow account. Under these circumstances, the only natural order to be made is for the Husband’s summons to be dismissed with costs to the Wife. The Wife’s Summons 7.The following facts are important for the determination of the Wife’s summons for payment out from the escrow account. Currently, there is a sum of about HK$706,944.74 remaining in the escrow account which sum I believe was the balance of sale proceeds of some landed properties in the UK. 8.On 15 October 2021, the court (before Deputy Judge Susan Wong) granted an order for the Husband to pay interim maintenance for the 2 children at the rate of HK$79,600 per month commencing from 1 September 2021 and thereafter on the 1st day of each and every month until further order of the court. In addition, the court also ordered the Husband to pay the Wife a sum of HK$200,000 within 2 months (i.e. on or before 14 December 2021) as legal costs provision. There can be no dispute that the Husband has failed to pay the ordered sums, resulting in various court orders (by HH Judge Elaine Liu) for the settlement of the arrears of interim maintenance (but not including the legal costs provision) from the escrow account up to December 2022. According to the Wife, the Husband continues with his default and the interim maintenance of HK$79,600 for January 2023 has not been paid. The legal costs provision at HK$200,000 is also outstanding, with an updated accrued interest of HK$19,553 (calculated up to 3 January 2023). 9.According to the Wife, the parties jointly own the London Property and there are arrears of management fee in the sum of GBP 6,868.26. The Husband did once propose to pay those management fees from the escrow account but later withdrew his proposal. Therefore, the Wife now asks for those arrears to be paid from the escrow account as well. 10.Messrs. Oldham, Li & Nie has been served. They adopted a neutral stance and indicated that they would comply with any court order on the release of funds from the escrow account. 11.It is to be noted that the Husband has filed no affidavit in opposition, nor any submissions on why the Wife’s application should not be acceded to. Under such circumstances, I see no reason why the funds in the escrow account should not be utilised to satisfy the court’s orders on interim maintenance and legal costs provision. Equally, there is no reason why those funds should not be utilised to pay the outstanding management fees which are after all the parties’ joint liabilities. Orders 12.Based on the above reasons, I hereby make the following orders:
Costs 13.Cost to follow event. The Husband’s summons was dismissed whilst the Wife succeeded in her applications. The Wife should be given the costs of both summonses, including all costs reserved (if any), on a party and party basis with such costs to be taxed if not agreed.
Representation: The Petitioner being represented by Messrs Payne Clermont Velasco, solicitors The Respondent acting in person |
Cases cited in this judgment
Further hearings and rulings under FCMC 1410/2019