Read the full judgment text of CACV 214/2013 on BabelCite. This Court of Appeal judgment was delivered on 14 March 2014 before Hon Cheung CJHC, Lam VP and Au J.
Civil Appeal – Matrimonial Proceedings – Variation of Order – Lump Sum – Means and Resources – Issue Estoppel – Adverse Inference – Parties married in 1988 and divorced in 2011 with Consent Lump Sum Order requiring Petitioner to pay Respondent lump sum by instalments – Petitioner applied to vary order due to unexpected education expenses and Judge suspended instalments – Respondent appealed arguing Judge failed to consider Petitioner's unsatisfactory account of financial resources – Court held means and financial resources are relevant considerations under Matrimonial Proceedings and Property Ordinance Cap 192 s.7(1)(a) – Consent Lump Sum Order does not give rise to issue estoppel regarding means in variation hearing – Adverse inference drawn against Petitioner as to means given failure to give satisfactory account on disposal of money – Appeal allowed; Judge's order set aside; Petitioner's application for variation dismissed – Petitioner to resume monthly instalment payment of $10,000 from 1 April 2014 and repay arrears of $160,000 in 4 instalments of $40,000 on 1st April, 1st May, 1st June and 1st July 2014 – No order for costs
Legal issues: Variation of lump sum order and means · Issue estoppel regarding means · Adverse inference on means
Outcome: Appeal allowed; Judge's order set aside; Petitioner's application for variation dismissed.
Cited by 1 case · Cites 1 case