Read the full judgment text of FCMC 11799/1996 on BabelCite. This Family Court judgment before Deputy District Judge I. Wong.
Matrimonial Causes – Enforcement of Maintenance Order – Leave to Enforce Arrears – Matrimonial Proceedings and Property Ordinance Cap. 192 s.12 – Limitation Ordinance Cap. 347 s.4(4) – Application for leave to enforce arrears due more than 12 months – Total sum of $330,000 arrears claimed for period from 1st June 2000 to 1st May 2011 – General principle that stale arrears are not to be enforced unless good reason or special circumstances shown – Legal principles from K v. K [2005] 1 HKC 303 applied – Applicant must take reasonably timeous steps within a year unless good reason otherwise – Respondent claimed inability to enforce due to residence in Mainland and United Kingdom and lack of legal knowledge – Petitioner claimed Respondent had means and opportunities to enforce and remained in contact – Court found Respondent's evidence not credible and Petitioner's version closer to truth – Delay inordinate and inexcusable – Respondent visited Hong Kong frequently and appeared in court in 2005 without mentioning arrears – Respondent had financial means to return to Hong Kong and send daughter to UK – No good reason or special circumstances found – Summons dismissed – Costs follow the event with Respondent ordered to pay Petitioner's costs of summons to be taxed if not agreed
Legal issues: Leave to enforce arrears under s.12 MPPCO
Outcome: Summons dismissed; leave to enforce arrears refused.