Read the full judgment text of FCMC 001881/2008 on BabelCite. This Family Court judgment was delivered on 22 October 2008 before Deputy Judge C.K. Chan.
Matrimonial law – Maintenance Pending Suit – Variation – Financial crisis – Ability to pay – Reasonableness of needs – District Court – Deputy Judge C.K. Chan – Husband applied to vary MPS order from HK$40,000 to HK$4,000 per month due to financial losses from stock trading during the 2008 financial crisis – Wife opposed, arguing husband retained significant assets including a property worth approximately HK$4.5 million – Court found husband's liquid capital depleted but property assets increased, accepting his current income of HK$9,200 per month – Whether variation requires material change of circumstances – Court finds variation justified under s.11 MPPO and express agreement – Reasonable needs assessed at HK$30,000 per month – MPS varied from HK$40,000 to HK$6,000 temporarily then HK$30,000 – No order as to costs as neither party fully accepted
Legal issues: Variation of MPS Order · Standard for Variation · Reasonableness of Needs
Outcome: MPS Order varied; temporary reduction to HK$6,000/month followed by restoration to HK$30,000/month; no order as to costs
Cited by 1 case · Cites 1 case