Read the full judgment text of HCMC 1/2006 on BabelCite. This High Court CFI judgment was delivered on 29 February 2008 before Saunders J.
Matrimonial Causes – Ancillary Relief – Distribution of Assets – Reasonable Requirements vs Sharing Principle – s.17 MPPO – Intention to Defeat Claim – Special Contribution – Separate Financial Arrangements – The Court held that the principle of reasonable requirements from C v C is no longer binding law in Hong Kong due to constitutional principles and English law developments (White v White). The Court found the husband intended to defeat the wife's claim by transferring assets to the Family Trust and Charitable Foundation under s.17 MPPO. Departure from equal sharing was justified due to the husband's special contribution and the parties' rigid separate financial arrangements during the marriage. Wife awarded 35% of total assets ($106,600,000 total, requiring payment of $49,100,000). Each party bears own costs.
Legal issues: Applicability of reasonable requirements vs sharing principle · s.17 MPPO intention to defeat claim (Trusts) · s.17 MPPO intention to defeat claim (Ms Z) · Departure from equal sharing principle
Outcome: Ancillary relief granted; Wife awarded 35% of total matrimonial assets.
Cited by 1 case