Ww v. Lpq Formerly Known As Lln and Lsm and Others

Read the full judgment text of FCMC 8485/2019 on BabelCite. This Family Court judgment was delivered on 6 May 2025.

1. The heading “Judgment (Ancillary Relief)” be changed to “Judgment (Ancillary Relief and Section 17 Claim).”

Cites 2 cases

Case No.FCMC 8485/2019[2025] HKFC 81
Court
Family Court
Date06 May 2025
Judge
Case Document
100%Judiciary

FCMC 8485 / 2019

[2025] HKFC 81

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MATRIMONIAL CAUSES NO. 8485 OF 2019

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BETWEEN

  WW Petitioner
and
  LPQ formerly known as
LLN and LSM
1st Respondent
  FTC, R 2nd Respondent
  KH Limited 3rd Respondent

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Coram: Deputy District Judge P Barnes in Chambers (Not open to public)
Dates of Trial Hearing: 16 to 19 October 2023; 22, 23, 25, 26, 30 January 2024, 1 and 2 February, 2024; 19, 20, 21 and 24 June 2024.
Date of Judgment: 6 May 2025
Date of Corrigendum: 07 July 2025

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CORRIGENDA

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Please note the following amendments to the Judgment dated 6 May 2025:

1.The heading “Judgment (Ancillary Relief)” be changed to “Judgment (Ancillary Relief and Section 17 Claim).”

2.Paragraph 34 of the Judgment be amended as follows:

To delete the following passage “One illustration of this is that neither H nor W were prepared to make any Opening Proposals. H’s written Opening went so far as to suggest that, after hearing the evidence, the Court should dismiss W’s claim entirely.” And to insert, as a new fourth sentence: “H made an Opening Proposal on 9 October 2023, however, H’s written Opening went so far as to suggest that, after hearing the evidence, the Court should dismiss W’s claim entirely.”

3.Paragraph 228 of the Judgment be amended so as to correct the incorrect total of the Petitioner’s assets i.e. “HK$39,924,483” and replace it with the correct total of “HK$45,424,483”.

4.Paragraph 258 of the Judgment be amended to replace the figures “HK$39,924,483 less HK$453,714 = HK$39,473,769” with “HK$45,424,483 less HK$453,714 = HK$44,970,769”.

5.Paragraph 259 of the Judgment be amended to replace the figure “HK$39,473,769” with the figure “HK44,970,769”.

6.Paragraph 306 of the Judgment be amended as indicated in bold below:

“306. W is awarded 55% of the net assets, H 45%. She will receive HK$24,733,923 of the assets. H is awarded HK$20,236,846. There will be an order that the FMH currently held by OT Limited be transferred to her. The costs of the transfer will be paid by H. Further, there will be an order that H do pay to W a lump sum of HK$5,663,923. This will be by way of two lump sums, HK$2,831,962 within 3 months from the date of this judgment, i.e. to be paid on or before 6 August 2025 and a further lump sum of HK$2,831,961 within 6 months, namely by 6th November 2025. There will be a further Order that with effect from 1 June 2025, H’s obligation to pay maintenance in the sum of $60,000 per month to W shall cease.”

7.Having regard to the above alterations consequent upon the arithmetical error in calculating the total of the assets in the Petitioner’s name in Paragraph 228 of the Judgment, and further upon noting the parties’ written Submissions filed 2 June 2025, the Order upon the Judgment as set out in paragraph 311 is corrected to the following (with the additional/corrections set out in bold):

“311. The Order upon this Judgment is therefore:

(1) The former matrimonial home at Taikoo, currently occupied by the 1st Respondent, is to be transferred to her within 2 months of this Judgment.

(2) The Petitioner is to take all necessary steps to effect the said transfer.

(3) The Petitioner do pay the costs of the transfer.

(4) The Petitioner to pay to the 1st Respondent two lump sums, namely:

i. On or before 6 August 2025, the sum of HK$2,831,962

ii. On or before 6 November 2025, the sum of HK$2,831,961

(5) Both the Petitioner and the 1st Respondent do retain all other assets in their own names.

(6) That from 1 June 2025, paragraph 1 of the Order of HH CK Chan J dated 23rd July 2019 be discharged.

(7) All outstanding Judgment Summonses issued by the 1st Respondent be re-listed before Master E Yeung at the earliest convenient date for directions.

(8) Upon compliance with Orders (1) to (4) and determination of the outstanding Judgment Summonses, LTLSB do vacate the premises situated at Unit 15 E2.

(9) Upon compliance with Orders (1) to (4) and determination of the outstanding Judgment Summonses, the 1st Respondent do transfer her one (1) share in LS Limited to the Petitioner at no cost.

(10) Upon compliance with orders (1), (2), (3), (4) and further upon the Court’s final determination of the Judgment Summonses and the question of outstanding maintenance including arrears of maintenance under the July 2019 Order, the Petitioner’s and the 1st Respondent’s claims for ancillary relief do stand dismissed.

(11) Further, upon compliance with orders (1), (2), (3), (4) and further upon the Court’s final determination of the Judgment Summonses and the question of outstanding maintenance including arrears of maintenance under the July 2019 Order, there be an order that the Form A Notices registered against the court Kwai Chun units held in the name of LSL and the single Kwan Chung unit held in the name of the Petitioner, be discharged.

(12) There be liberty to apply in respect of implementation of these Orders, including in respect of the question of any necessary or desirable orders in respect of the shareholding of LSL.”

  (K.L. Tai)(Mr.)
  Clerk to Deputy District Judge P Barnes