Read the full judgment text of FCMC 5382/2006 on BabelCite. This Family Court judgment was delivered on 26 June 2012 before Deputy District Judge G. Own.
Matrimonial Causes – Ancillary Relief – Shares Transfer – Interpretation of Order – Stay of Execution – Functus Officio – Enforcement – Costs – Whether the Macau shares transfer Order required transfer of shares or value at date of transfer within 1 month of decree absolute – Held: Order clear and unambiguous – Whether stay of execution order altered the material and substantive terms – Held: No; stay only deferred time of performance – Whether Respondent's payment constituted due compliance – Held: No; payment made outside the stipulated time frame – What is the amount payable – Held: HK$647,125 – Whether the learned Deputy Judge was functus officio – Held: No; Court has inherent power to clarify original order – Petitioner succeeds; Respondent ordered to pay sum and costs
Legal issues: Interpretation of Macau shares transfer Order · Effect of Stay of Execution · Due Compliance · Amount Payable · Functus Officio
Outcome: Petitioner succeeds; Respondent ordered to pay sum.
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