Read the full judgment text of CACV 000187/2006 on BabelCite. This Court of Appeal judgment was delivered on 14 March 2007 before Hon Tang VP, Cheung JA and Chu J.
Civil Appeal – Maintenance – Divorce – Income Assessment – Expenditure – Children's Needs – Attachment Order – Costs – Matrimonial Proceedings and Property Ordinance – CACV 187/2006 – Petitioner C appealed District Judge's order varying maintenance to $10,000 per child – Respondent K alleged diversion of business income to new partner Sandy – Court held petitioner failed to prove diversion as evidence was circumstantial – Court upheld judge's assessment of respondent's income at $84,000 per month and expenditure including mortgage payments – Court found judge had regard to children's needs under s.11(7) of Matrimonial Proceedings and Property Ordinance, Cap. 192 – Court refused attachment order as defaults were made good – Appeal dismissed – Each party pays own costs – Petitioner in person – Respondent represented by Mr Jason Wong – District Judge Bruno Chan – Felicity Garden Property – City Garden Property – Bank of East Asia – AIA – Maintenance order 27 November 2000 – $5,000 a child per month – $10,000 a child per month – $84,000 monthly income – $1 million annual income claim – Sandy agent income – Settlement Agreement 16 December 2005 – Bankruptcy petition avoided – Mortgage payments $31,500 to AIA – $25,000 to Bank of East Asia – Children in Canada – Expenditure CAD$8,000 per month – Son expenditure $2,707 – Daughter expenditure $2,697 – Rent $400 – Electricity $20 – Clothing $300/$400 – Recreational lessons and private tuition – Transport $2,000 – Business entertainment $5,000 – Rent $7,500 – Insurance premiums $11,000 – Household expenses $2,500 – Attachment order refused – Discretion not faulted – Conduct not harassing – Costs each party own
Legal issues: Assessment of Respondent's Income · Assessment of Respondent's Expenditure · Children's Needs under s.11(7) · Attachment Order · Costs of Appeal
Outcome: Appeal dismissed