Read the full judgment text of CACV 130/2011 on BabelCite. This Court of Appeal judgment was delivered on 27 March 2012 before Hon Cheung JA and Lam J.
Child maintenance – Variation of consent order – Material change in circumstances – Weight of original agreement – Earning capacity – Matrimonial Proceedings and Property Ordinance Cap 192 – Appeal allowed. The Court of Appeal held that the Family Court Judge erred in varying a consent maintenance order where the Respondent retained high earning capacity despite cessation of employment and could afford the original amount. The Court emphasized the weight to be given to the consent order and found no justification for requiring the Petitioner to contribute from her lump sum payment. Appeal allowed; variation order set aside; application for variation dismissed; Respondent to repay $552,500 and pay costs.
Legal issues: Weight of consent order in variation application · Interpretation of Clause D(g) regarding cessation of employment
Outcome: Appeal allowed; variation order set aside; application for variation dismissed.
Cites 1 case