Tl v. Ysw also known as Wsy

HCMP 844/2014

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO. 844 OF 2014

(ON AN INTENDED APPEAL FROM FCMC NO. 13455 OF 2011)

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BETWEEN

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D E C I S I O N

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Hon Cheung JA (giving Decision of the Court) :

1.Deputy District Judge Grace Chan awarded the husband petitioner, by way of ancillary relief, $16,970,000 out of a joint matrimonial asset of about $49.8 million. The husband’s asset is about $2.47 million and the wife respondent about $47.4 million. The award is about 39% of the total asset. The wife seeks leave to appeal, leave having been refused by the Judge below.

2.The challenge by the wife is solely against the finding of fact by the Judge.

3.We will refuse leave on paper as she has not shown that she has a reasonable prospect of success on appeal that the finding was plainly wrong on the following crucial issues :

1)   Length of marriage;

2)   The Judge’s rejection of the wife’s evidence of gift from her maiden family both before and after marriage;

3)   Acceptance of the husband’s evidence of his payment to the wife.  The Judge had fully considered the issue of ‘new evidence’ raised by the husband.  No objection was taken when the ‘new evidence’ was first adduced.

4)  The Judge’s acceptance that even if the husband had not used the proceeds of sale of City Garden as down payment for Metropolis, the wife must have used funds given to her by the husband for the payment.

5)  The Judge’s acceptance that the husband had no hidden assets.

4.We will, pursuant to Order 59 Rule 2A(8), further order that the wife is not allowed to apply for an oral hearing to reconsider this application.

5.The husband is entitled to the costs of the paper application before us which we summarily assess at $60,000.