Read the full judgment text of FCMC 8460/2012 on BabelCite. This Family Court judgment was delivered on 19 September 2014 before Deputy District Judge Pang.
Matrimonial Causes – Maintenance Pending Suit – Legal Costs – Contribution – Currey test – Legal Aid – Quantum – District Court – Petitioner W applied for contribution to legal costs for ancillary reliefs – Respondent H argued W could obtain charge on outcome or legal aid – Court held W cannot obtain charge on outcome per retainer terms – Court held H has ample resources so fairness requires H to fund W's costs rather than public funds – Quantum estimated at HKD180,000 for future costs until FDR – Order made for monthly contribution of HKD45,000 – Costs of application awarded to W
Legal issues: Whether W can reasonably obtain legal services by offering a charge on the outcome of the litigation · Whether Legal Aid should be used · Quantum of costs allowance · H's ability to pay
Outcome: Order made for H to pay W monthly contribution to legal costs until FDR hearing. Costs of application awarded to W.
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