Read the full judgment text of FCMC 10832/2008 on BabelCite. This Family Court judgment was delivered on 9 January 2025 before Her Honour Judge Elaine Liu.
Variation of maintenance – Matrimonial Proceedings and Property Ordinance – Adverse inference – Income and needs assessment – Retirement – HK$10,000 – Variation granted only after retirement; arrears payable; costs order – Whether there has been a material change in circumstances justifying variation of maintenance order – No variation until retirement; variation to HK$10,000 after retirement – Whether adverse inference should be drawn for failure to call Madam C as witness – No adverse inference drawn – What are the reasonable income and needs of the parties – H's income HK$141,302.62; Needs HK$100,085.91. W's needs HK$33,596 – Maintenance reduced from HK$23,500 to HK$10,000 post-retirement – H to pay all due and unpaid maintenance – H to pay 70% of W's costs of the Summons
Legal issues: Variation of Maintenance under MPPO s.11 · Adverse Inference for Failure to Call Witness · Assessment of Income and Needs
Outcome: Variation granted only after retirement; arrears payable; costs order.
Cited by 1 case · Cites 6 cases