Read the full judgment text of FCMC 14399/2008 on BabelCite. This Family Court judgment was delivered on 12 December 2024 before HH Judge C.K. Chan.
Matrimonial Causes – Maintenance – Remarriage – Repayment of Overpayment – Mistaken Belief – Unjust to Order Repayment – Affidavit Evidence – District Court Appeal – Matrimonial Proceedings and Property Ordinance (Cap. 192) s.23 – W remarried in 2010 but concealed fact from H until 2022 – H overpaid HK$5,600,000 maintenance – Master ordered repayment – Appeal dismissed – Court held H was under mistaken belief and it was not unjust to order full repayment due to W's concealment and attempt to frustrate claim – W to repay forthwith and pay costs.
Legal issues: Procedural: Affidavit Evidence · Cessation of Liability · Mistaken Belief · Unjust to Order Repayment
Outcome: Appeal dismissed; W ordered to repay HK$5,600,000 to H forthwith.
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