Read the full judgment text of FCMC 000536/1997 on BabelCite. This Family Court judgment was delivered on 21 June 2002 before H H Judge Gill.
Divorce – ancillary relief – judgment summons – committal – inability to pay – family rift – costs – District Court – Rule 87(5) Matrimonial Causes Rules – Whether judgment debtor failed to show cause for committal – Court held debtor attempted to raise funds commercially and from family but failed due to estrangement from wealthy father and lack of assets – Committal is remedy of last resort reserved for contumelious disregard – Debtor shown cause – No order made for payment – Respondent ordered to pay Petitioner's costs – Petitioner's income $31,360 per month – Lump sum award $5 million – Interest claimed $446,290 – Affirmations filed showing financial hardship – Father refused to provide funds due to rift caused by divorce proceedings – Costs awarded to Petitioner including certificate for counsel – Ancillary relief hearing ran for 16 days in 1999 – Judgment handed down 6 December 1999 – Appeal dismissed by Court of Appeal – Judgment summons issued February 2001 – Hearing 21 June 2002 – Petitioner employed by family company – No worthwhile assets – No realistic prospect of acquiring any – Ability to obtain loans found by judge but deemed unrealistic – Only resource gift from father – Father/son relationship rift worsened by divorce – Petitioner filed four affirmations – Cross-examined by Mr Johnson – Costs reserved taxed if not agreed – Petitioner earned RMB 60,000 consultancy fee – Costs of defending judgment summons about $200,000 – Attachment of income order made in November 2001 – Maintenance for child $5,000 per month – Periodical maintenance $17,500 per month – Due date 6 June 2000 – Praecipe date 2 February 2001
Legal issues: Whether judgment debtor failed to show cause for committal
Outcome: Committal application dismissed; no order made for payment of the judgment debt
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