Read the full judgment text of FCMC 7137/2000 on BabelCite. This Family Court judgment was delivered on 30 April 2015 before 陳振國法官.
Matrimonial proceedings – Ancillary relief – Sale of matrimonial home – Enforcement of court order – Matrimonial Proceedings and Property Ordinance (Cap 192) s.6A – Parties divorced in 2002 with order to sell property and split proceeds 60/40. Original order lacked sale details. Husband refused to move or sell. Wife applied to vary order (rejected) then applied for enforcement sale order. Court held it had power under s.6A to issue new sale order to facilitate execution. Court ordered sale within 9 months, Husband to vacate within 6 months, Wife to manage sale. Costs awarded to Wife. – Whether Court can issue new sale order under s.6A – Yes. – Whether 6 months reasonable time to vacate – Yes. – Costs – Wife awarded HK$500.
Legal issues: Power to issue new sale order under s.6A · Reasonable time for Husband to vacate · Costs allocation
Outcome: Sale order granted; Wife to manage sale; Husband to vacate; Costs awarded to Wife.