Case Document

100%Judiciary

FCMC 11521 / 2015

[2024] HKFC 99

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MATRIMONIAL CAUSES

NO. 11521 OF 2015

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BETWEEN

	PMCL also known as LMC also known as KLMC	Petitioner
and
	AKK also known as KAK	1st Respondent
	ZL	2nd Respondent

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Coram:

Her Honour Judge Elaine Liu in Chambers (Not Open to Public)

Date of Decision:

7 May 2024 (by paper disposal)

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DECISION
(Form E Summons)

______________________

1.This is P’s Summons dated 13 March 2024 (“Form E Summons”) for an order to require R1 to file his further updated Form E on a specified date despite the time for filing the same pursuant to the CMH Order (defined below) has expired.

2.On 16 April 2024, I directed, inter alia, (a) the parties to lodge and serve their submissions on the Form E Summons and address its impact on R1’s application on 7 December 2023 for maintenance pending suit (“MPS Summons”), and (b) the Form E Summons to be determined by paper disposal. This is the decision.

3.The petition was presented in 2015. The parties have filed their Form Es in 2015/2016, and an updated Form Es in July 2020.

4.On 7 December 2023, R1 took out the MPS Summons. The substantive hearing was fixed for 23 May 2024.

5.At the Case Management Hearing on the preliminary issue and the ancillary relief claims on 22 December 2023 (“CMH”), I directed P and R1 to file and exchange a further updated Form E within 42 days from the date of the order, that is on or before 2 February 2024 (“CMH Order”).

6.The trial of the ancillary relief claims was fixed for December 2024.

7.On 28 December 2023, R1 took out a Summons for stay of the preliminary issue and ancillary relief proceedings pending the determination of the MPS Summons, including appeal (“Stay Summons”). The Stay Summons was directed to be heard on 23 May 2024 together with the MPS Summons.

8.P filed her further updated Form E on 2 February 2024 pursuant to the CMH Order. R1 failed to do so.

9.R1 was present at the CMH. The CMH Order was served on him by email and by post on 9 January 2024. There is no dispute that R1 was fully aware of the CMH Order.

10.His failure to file and exchange the further updated Form E within the stipulated time is a blatant breach of the CMH Order. R1’s assertion that the further updated Form E should be filed after the decision of the MPS Summons is devoid of merits. R1’s argument of inequality because he is acting in person is also unmeritorious.

11.Solicitors for P has written to R1 on 7 February 2024 and 4 March 2024 demanding him to file the further updated Form E in compliance with the CMH Order. There was no reply from R1.

12.R1 asserted that the further updated Form E is not relevant to the MPS Summons as he only relied on the Form E filed in 2016 and 2020. This is wrong. In considering whether MPS shall be awarded, the parties’ current financial condition is one of the matters for consideration. The parties have the duty to provide full and frank disclosure.

13.In view of the history of this case and R1’s continuing breach of the CMH Order by refusing to file the further updated Form E, an unless order is appropriate to prevent further delay. The CMH Order was made in December 2023. R1 should have filed the further updated Form E on 2 February 2023. R1 has already got about 3 months more than the original deadline. I will give him a further 28 days to file and exchange the further updated Form E on an unless basis.

14.Having considered all the relevant materials, I order that:

(1) Unless R1 do file and exchange a further updated Form E within 28 days from today (i.e. on or before 4 June 2024), R1’s MPS Summons do stand dismissed.

(2) The substantive argument of the MPS Summons be adjourned to a date to be fixed. The hearing fixed for 23 May 2024 at 10 am at court 40 be vacated.

(3) The Stay Summons be dealt with by paper disposal.

(4) For the avoidance of doubt, paragraphs 6 and 7 of the Order dated 31 January 2024 (i.e. directions for filing submissions and authorities on the Stay Summons 14 days or 7 days (as applicable) before 23 May 2023) do stand.

(5) The parties do lodge and serve proposed case management directions for MPS Summons within 14 days after the filing of further updated Form E by R1 pursuant to (1) above.

(6) R1 do pay the costs of and occasioned by P in the Form E Summons at an amount to be summarily assessed.

(7) R1 do, within 14 days from today, lodge and serve a succinct statement of objection, if any, to the statement of costs for summary assessment lodged by P dated 23 April 2024. The statement of objection is limit to 2 pages of A4 size, font size 14 and double line spacing with margin of not less than 1 inch.

(8) P do draw up, file and serve this order.