Read the full judgment text of FCMC 3297/2022 on BabelCite. This Family Court judgment was delivered on 19 August 2024 before Deputy District Judge F. Li.
Matrimonial Proceedings – Ancillary Relief – Discovery – Full and Frank Disclosure – r.77 MCR – O.24/O.26 – Alter Ego – Company Documents – Former Matrimonial Home – HK$600M Allegation – Wife Successful – Discovery Ordered – Costs to Husband – Family Court empowered to deal with discovery applications under r.77 MCR despite missing margin note – Parties owe absolute and continuing duty of full and frank disclosure – Court entitled to consider relevance by reference to Form E, answers, affirmations, and potential issues at trial – Husband has unfettered control over companies and must disclose relevant documents – Unlawfully obtained documents from FMH admissible subject to privilege and relevance – Most discovery requests allowed as necessary for ascertainment of family pot – Requests 2(a) and 3(a) disallowed as too wide and imprecise – Wife's costs paid by Husband
Legal issues: Jurisdiction under r.77 MCR · Duty of full and frank disclosure · Relevance and necessity of discovery · Possession of company documents · Admissibility of documents from FMH · Specific discovery requests
Outcome: Wife successful; Discovery ordered (save for Request 2(a) and 3(a)); Costs to Husband
Cited by 4 cases · Cites 6 cases