Read the full judgment text of FCMC 7571/2022 on BabelCite. This Family Court judgment was delivered on 19 October 2023 before Deputy District Judge J. Chow.
Maintenance Pending Suit – Matrimonial Proceedings and Property Ordinance – Earning Capacity – Litigation Funding – Costs – Financial Independence – District Court – Petitioner sought HK$100,000 MPS – Respondent earns HK$154,680 – Petitioner claimed HK$2,000 monthly income – Court found Petitioner has earning capacity – Reasonable needs assessed at HK$16,500 for accommodation and utilities – Litigation funding refused due to failure to meet Currey test – Costs order nisi reserved – Decree nisi granted previously in divorce proceedings
Legal issues: Financial independence · Earning capacity · MPS amount · Ability to pay · Litigation funding
Outcome: Maintenance pending suit granted at HK$16,500 per month; Litigation funding application refused; Costs reserved.
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